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by Buttons840 1830 days ago
How about requiring a jury of "peers" who actually know the first thing about the subject matter when these things do go to court.
2 comments

I've tried to get onto a jury panel for IP cases. Defense attorneys do not want anyone with IP and computer skills anywhere near that panel. The easiest way to skip a jury is to claim forensic expertise. Judge William Alsup (Oracle vs. Google) is famous because he actually has sufficient CS understanding to tell when someone lies. https://www.theverge.com/2017/10/19/16503076/oracle-vs-googl...
That is also a good idea, but I would prefer if patent trolls don't even try to go to court.

Sadly with many countries law system even if you are in the right they opponent still can drive you to ruine before they lose.

So the penalties (for trolling company and lawyer) must be to a point that they won't want to risk abusing the patent system.

Having a jury that knows something about software patents, or about the domain, is emphatically not a good idea. They will second-guess the evidence, ignore the attorneys' pleadings and the judges instructions, and pull a verdict out of their ass, because "they know better".