According to Paul A. Clayton <
[email protected]>:
Of course, that does not work with non-practicing patent holders.
In theory, non-practicing patent licensors seem to make sense,
similar to ARM not making chips, but when the cost and risk to
the single patent holder is disproportionately small, patent
trolling can be profitable. (I suspect only part of the disparity
comes from not practicing; the U.S. legal system has significant
weaknesses and actual expertise is not easily communicated. ...
In most countries, the losing side in a lawsuit pays the winner's
legal expenses. In the US with rare exceptions each side pays its
own expenses. That's why trolling works, as you said it's often
cheaper to pay off the other party than to win the case.
There are situations where the US scheme is better, e.g., in loser
pays countries it's hard for a small party to sue a big one because
the relative financial risks are so unbalanced, but that's a long way
from computer architecture.
--
Regards,
John Levine,
[email protected], Primary Perpetrator of "The Internet for Dummies",
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https://jl.ly
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