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by EGreg 4649 days ago
In your example, if you have a presumably valid patent and you file a patent suit, then you can readily name the patent that is being infringed.

The opposite is the famous example of lawyers from IBM basically extorting money saying "do you want us to go back to Armonk and find some patents which you DO infringe?" The implication is "pay us now and we won't make life harder for you using the legal system, because we think we can". That is not justice, nor is it in anybody's interest except the holders of many patents.

1 comments

That's not really how things work. Not only is that sanctionable but extremely unethical and would result in diciplinary action if reported.
How would they prove that this "threat" took place unless they recorded every conversation?

The fact is that this extreme example is just an example. Lots of companies just send a bunch of intimidating letters to people and hope it sticks - because it's free!

Eg http://www.audioholics.com/news/blue-jeans-strikes-back

I'm sorry but defending the ethics of lawyers outside of a majority legal environment is a losing move.