With many of the founding Tech Giants of yesterday coming and going and with them the depth and breadth of their Intellectual Property being divided up among today’s biggest companies (and in many cases some deep pocketed Patent Trolls) the world of technology has been on a regular basis held hostage by the strangeness that befalls us when Patent Trolls come out of hiding and strike in the night. These Bridge Living denizens of the dark though are about to get a bit of a wake up call with some changes to how things get done in court.
According to an article over at Forbes, there is a small rule change coming about that will make it a different game entirely when it comes to the world of Tech Lawsuits.
Until the rules change, Form 18 stands in conflict with the Supreme Court’s Twiqbal rulings, which require plaintiffs to make detailed claims, including facts sufficient to support plausible allegations of wrongdoing. While the Federal Circuit has refused to apply Twiqbalto patent suits, a federal court in Virginia did in Macronix vs. Spansion earlier this year, partially dismissing Macronix’s claims for lack of specificity.
I like this a lot. Not only must the NPE (Non Practicing Entity) or holder of the patent must actually show that damage to their own product or service has been harmed in some way…they must actually be specific in those damages. If you don’t actually make anything…how can you show that your ability to compete be “damaged”…I guess that makes it really hard for Trolls to come out from under their bridge and lay waste to the companies that are actually applying innovation and a capacity for change to our world.