What is the reason behind patent trolls’ success in court?

Patent trolls continue to win in courts as they mostly target small and medium businesses that do not have the means to put up a defense. Also, they usually buy simple technology patents that have broad usage, so they can target multiple companies at one time. And since they target more than one business at a time, they are likely to win against a few. The examination backlog between patent filing and approval also gives patent trolls adequate time to research potential targets.

Does the patent system prevent trolling?

The USPTO has come up with a few ways to indirectly deter patent trolls. It has cut back on the number of business practice patents issued, which might prevent junk lawsuits over broad patents. Internal methods have been created for patent disputes. Besides, the success rate of patent troll cases in the Supreme Court is very low. This discourages many NPEs from pursuing their cases in the Supreme Court.

Can patent troll victims retrieve their legal fees?

The decision by the Supreme Court in two infringement cases filed by NPEs directed that the victims be reimbursed their legal fees. This has set a precedent in favor of the victims of frivolous cases. In another case, the Supreme Court made it easier for companies to challenge vague and broad patents by ruling that "indefiniteness" in the patent description could make infringement lawsuits invalid.

How much does a patent infringement lawsuit cost?

While the exact cost varies per case, be prepared to shell out about $650,000 for a $1 million lawsuit, per CNET reporter Jim Kerstetter. For cases worth more than $25 million, expect a fee of $5 million to defend.

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