Note that Judge Tharp required a $250,000 bond in this case. Does a higher bond encourage defendants to appear and defend themselves as defense attorneys can hope to get paid when they prevail by making a claim against the bond?
@d0713b73 That's an interesting question. It might help if judges actually awarded bond damages. Have you ever seen that happen? I haven't come across any such awards in the patent cases I've followed
@e7f76f0d Not yet unfortunately. I have seen a few attempts where the Judge denied the request as the D did not prove they “prevailed” versus settled. In most cases IMO it’s not a case of prevailed as it is that the restraint was completely disproportionate to the alleged harm. DP cases seem like a better candidate because it’s often easier to “prevail” if the products are different from the claims. Copyright is too wishywashy.
Oddbean new post about login | logout