> Most companies choose not to recover their legal fees in patent suits because prevailing defendants are required to demonstrate that a plaintiff acted in bad faith. This is extremely difficult to prove and itβs usually easier to just walk away and count your losses β unless your name is Lee Cheng.
Interesting. So if you're a patent troll, there is little to no downside to constantly suing companies aside from the legal fees?
Exactly. This is the main reason why patent trolling even exists today, because the troll companies never really lose.
This is also the primary aspect of patent troll legislation (punish companies harshly that file frivolous claims) with HUGE bipartisan support, that has just been shelved.
Legal fees? I would assume they have a team of full-time attorneys on payroll. Since their legal fees are fixed, they're incentivized to use that team as much as possible.
Interesting. So if you're a patent troll, there is little to no downside to constantly suing companies aside from the legal fees?