From: James Beck
Subject: Re: Overbroad Patent.
Date: Wed, 25 Sep 2002 17:12:17 -0400
Organization: RKS, Inc.
X-Server-Date: 25 Sep 2002 21:12:23 GMT
X-Newsreader: MicroPlanet Gravity v2.30
In article , firstname.lastname@example.org says...
> In the event that you get dragged into court, and you win can you claim
> expenses? i.e. some guy patents a current reduction device (resistor) you
> get pulled in and win, can you make him pay your bill?
You can take the person/persons/company to civil court, but I would
suspect that the burden would be on you to prove they were attempting to
enforce a patent that was obviously nonenforceable. In your example
case, the resistor, the case would most likely be thrown out before it
even got to trial. There is a lot of paperwork that can be filed before
a trial even happens, and I would think it wouldn't be too hard to get a
pretrial motion passed to throw that case out based on it being a
totally non-enforceable bogus patent. At that point it is up to you to
decide whether it is worth going after them to cover your costs. The
nice thing is at that point the patent would be ruled invalid and they
couldn't attempt to enforce it again. It is just like so many things in
life.....you can make a mountain out of a mole hill, or rest easy in the
fact that most of those bogus patents will never, ever, be enforced. I
personally don't believe patents help anyone except the attorneys that
get to justify their existence. I have found non-disclosure, trade
secret, and just plain 'ol make it better, faster, and cheaper than the
other guy works well for me.