[asterisk-biz] Better ITSP Bureau

Trixter aka Bret McDanel trixter at 0xdecafbad.com
Sat Jul 14 16:21:33 CDT 2007


On 7/14/07, Steve Totaro <stotaro at totarotechnologies.com> wrote:
> Many companies will not just settle.  Unless are some real questions
> about the case, it can easily be dismissed.
>

There is the concept of a nuisance lawsuit in america.  Generally its
anything under $5000, lawyers will advise you that it isnt worth it to
fight because its cheaper even if you win to settle.  Patent lawsuits
are higher, because typically it costs $2M+ to challenge a patent.
This is why RTI only charged $20k for their LCR patent, most companies
would pay - google being the exception.  You can generally only sue to
get legal expenses back, generally the case has to be dismissed on a
summary dismissal, and even then it can be hard.  This little bit of
tort reform would stop a lot of the silly cases, even silly patent
cases.  The loser should pay all court costs, it works that way for a
plaintiff but not the defendant, and why are lawyers generally opposed
to changing that?

-- 
Trixter http://www.0xdecafbad.com     Bret McDanel
Belfast +44 28 9099 6461        US +1 516 687 5200
http://www.trxtel.com the phone company that pays you!



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