Scott Mckeown raises some good arguments regarding the proposed Shield Act:
“While Congressman Defazio’s effort is no doubt well intentioned, it fails to recognize that fighting a patent suit to a final determination can costs tens of millions of dollars. Very few companies will gamble with that kind of expense/distraction. Assuming this bill had a chance of passage (very unlikely to say the least), the possibility of recovering fees for the more specious patent assertions would not upset the current troll business model in any significant regard.
The true problem is that the economics of fighting vs. settling patent lawsuits, especially where the Patentee is a non-practicing entity with a contingent fee arrangement with their trial counsel, is a no-win situation for high-tech innovators. What is really needed is a low cost alternative to patent litigation that will break the troll/contingency business model. In my opinion Congress has already devised that system, and it kicks off next month. …let’s give it a chance.”
What do you think?