Geoff Cohen, computer scientist at Elysium Digital, a litigation consulting company, said requiring someone to do more work before bringing a case shouldn't be a problem. "If you have a good hand you really don't care whether you have to put $10 down or $1 down because you're going to win and it doesn't bother you," said Cohen.
But patent reform will mean a series of trade-offs, warned Darren Donnelly, an attorney at Fenwick & West, who said that raising the bar too high on what's required to bring a suit could make it more difficult for a start-up to make a complaint against a large competitor.
The struggle for Congress and the courts is finding a way beforehand to determine what a meritorious or non-meritorious claim is, "and there is just no good way of doing that," said Donnelly.
Patrick Thibodeau covers cloud computing and enterprise applications, outsourcing, government IT policies, data centers and IT workforce issues for Computerworld. Follow Patrick on Twitter at @DCgov or subscribe to Patrick's RSS feed. His e-mail address is email@example.com.
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