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> I'm also curious why numerous developers have not demanded an Insurance Protection Product / Plan that would take a premium in return for subrogation (defense

by ntaylor 10y ago

> I'm also curious why numerous developers have not demanded an Insurance Protection Product / Plan that would take a premium in return for subrogation (defense) if a frivolous Patent Suit is filed. I'm rather certain the market exists and while it may be for larger businesses or players, developers forming a Mutual Company and writing on some big name AM Best A paper (or even going to Lloyds) could be helpful. I suspect part of the problem is that the monetary and time costs of litigation could not be easily measured. Every case would be, effectively, unique. Not insurmountable, but I have to imagine that the premiums would need to be very high.

ThrustVectoring 10y ago
On aggregate, the jurisdiction that patent trolls sue in can handle only so many cases, so it only takes a legal team of a certain size to defend every patent lawsuit in it. And as a bonus, you can generate a Newegg-like reputation to convince people that you're not worth bothering.
- 6stringmerc 10y ago
  The point raised you're responding to was a good one, and I thank you for adding context. I was under a similar impression, in that for this individual to be able to sustain a case for 4 years, then it has not, from my gathering, bankrupted him or been financially catastrophic. There is a nuisiance factor that, I think, Patent Troll firms like to employ - aka - cheaper to settle than to fight can apply to both time and money. Pooling these cases, and the information gleaned from the tactics, might reveal patterns and/or pressure points for resistance that an Insurance Team would be willing to underwrite and hire defense for. The point is that if the Insurance Team is good at getting results, then in theory, fewer Patent Troll cases will arise, and the Insruance Company gets to pile up reserves for potential cases and make a profit concurrently. Then, as you mention, just being a vetted participant and using the logo "Insured Against Patent Trolls By XYZ" can be a deterrent. Takes time, I understand, and it may be a very limited market. I'm just curious if the math and legal defense strategies can be combined in some ways. Thanks again for your postulations.

by ntaylor 10y ago

ThrustVectoring 10y ago

On aggregate, the jurisdiction that patent trolls sue in can handle only so many cases, so it only takes a legal team of a certain size to defend every patent lawsuit in it. And as a bonus, you can generate a Newegg-like reputation to convince people that you're not worth bothering.

6stringmerc 10y ago
The point raised you're responding to was a good one, and I thank you for adding context. I was under a similar impression, in that for this individual to be able to sustain a case for 4 years, then it has not, from my gathering, bankrupted him or been financially catastrophic. There is a nuisiance factor that, I think, Patent Troll firms like to employ - aka - cheaper to settle than to fight can apply to both time and money. Pooling these cases, and the information gleaned from the tactics, might reveal patterns and/or pressure points for resistance that an Insurance Team would be willing to underwrite and hire defense for. The point is that if the Insurance Team is good at getting results, then in theory, fewer Patent Troll cases will arise, and the Insruance Company gets to pile up reserves for potential cases and make a profit concurrently. Then, as you mention, just being a vetted participant and using the logo "Insured Against Patent Trolls By XYZ" can be a deterrent. Takes time, I understand, and it may be a very limited market. I'm just curious if the math and legal defense strategies can be combined in some ways. Thanks again for your postulations.