Comment Re:Sounds awesome except.... (Score 1) 191
Could this not be solved to a degree by forcing both sides to put $500K -> $1M in a trust account before the court action starts?
If either side doesn't want to put the needed funds into the appropriate trust account, they forfeit their case and life goes on. In the case of a patent holder (troll), they give up the right to go after the company they claim is violating their patent, in the case of the defendant, they loose and have to pay the patent holder whatever amount is being demanded.
The penalty funds would be taken from the trust account from the losing party. If the fined amount is greater than whats in the trust account, well, that would be have to be collected somehow, but at least some of the penalty would be paid. If the amount fined is less than what's in the trust account, the remaining amount after the fine is paid is returned to losing party. The winning party would get all the funds they put in trust back immediately..
If either side doesn't want to put the needed funds into the appropriate trust account, they forfeit their case and life goes on. In the case of a patent holder (troll), they give up the right to go after the company they claim is violating their patent, in the case of the defendant, they loose and have to pay the patent holder whatever amount is being demanded.
The penalty funds would be taken from the trust account from the losing party. If the fined amount is greater than whats in the trust account, well, that would be have to be collected somehow, but at least some of the penalty would be paid. If the amount fined is less than what's in the trust account, the remaining amount after the fine is paid is returned to losing party. The winning party would get all the funds they put in trust back immediately..
