“Standing Up to Patent Trolls” – Will It Happen?

Now that the litigation industry is just another business, there are problems with low end claimants in various specialty areas of litigation. For example, the asbestos litigation industry went through a period of mass filings involving persons who were not sick. Some insurers and defendants stood up and defended aggressively. Others rolled over and paid, saying it was cheaper in the long run. Yet others paid some nominal money to drive down their overall averages for asbestos settlements.

Similar low end claimant issues exist in the patent world. One result is a new article in Corporate Counsel arguing that “small business” owners should stand up to “patent trolls.”  One might also ask if insurers will do the same, when coverage is triggered. Time will tell.

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About Kirk

Since becoming a lawyer in 1983, Kirk’s over 30 years of practice have focused on advising a wide range of corporations, associations, and individuals (as both plaintiffs and defendants) on both tort and commercial law issues centered around “mass torts.”

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