Legal Fees Shifting in Patent Troll Suits?

Posted on May 4th, 2015 by David Paige

Using legal fees as a cudgel to compel settlement in frivolous litigation has always been considered wrong by any legal observers of reasonable conscience. Soon, however, there may be a remedy to the rash of such suits in patent litigation.

In a recent article, SF Gate reported on federal legislation that would shift legal costs to the loser in a type frequently seen “patent troll” cases. The article reported that “a key provision in the bill, written by Rep. Bob Goodlatte, R-Va., chairman of the House Judiciary Committee, was to make the losing party pay legal fees. The provision was an attempt to increase the cost and risk for plaintiffs, deterring trolls from bringing many suits in what amounts to legal prospecting for a big payday.” This can only be good news, potentially restoring some measure of respect for the ability of Congress to respond to a need for litigation reform.

The need for fairness in legal fees not only includes the clear client objectives of efficiency and reasonably priced representation, it also includes provisions that require those who might try to use the cost of the legal process to obtain unfair advantage to bear some responsibility for their actions. This can only be a good thing.

The article may be found at: http://www.sfgate.com/news/article/Fighting-patent-trolls-becomes-bipartisan-issue-6237196.php 

Tags: patent