tag:blogger.com,1999:blog-5574479.post6884663888222398200..comments2024-03-18T17:10:35.838+00:00Comments on The IPKat: Fee-shifting back in the news with Federal Circuit's Kilopass decsionVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-5574479.post-1921042275270322792014-01-03T13:18:02.755+00:002014-01-03T13:18:02.755+00:00The flip side of the coin to Anonymous at 8:00 is ...The flip side of the coin to Anonymous at 8:00 is that the party with the most to gain from this change would be NEITHER patent holders nor alleged infringers.<br /><br />The party who gains the most are patent litigators (a powerful albeit hidden lobby force in the US). <br /><br />With a loser pays system, the impetus of win at all costs will be a not-so-unexpected consequence.<br /><br />Be careful what you wish for,as you just might get it.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-61103856367151100932014-01-03T11:08:11.262+00:002014-01-03T11:08:11.262+00:00There is an important principle here which is not ...There is an important principle here which is not being considered. Each side makes a choice as to how much resource they put into fighting a case. In a loser pays situation you risk paying out what the other side decided to spend. Loser pays will effectively decrease access to the Courts for certain parties, and that is not always a good thing.Anonymousnoreply@blogger.com