EFF Successfully Defends Users’ Right to Challenge Patents and Still Recover Legal Fees
When individuals and companies are wrongly accused of patent infringement, they should be encouraged to stand up and defend themselves. When they win, the public does too. While the patent owner loses revenue, the rest of society gets greater access to knowledge, product choice, and space for innovation. This is especially true when defendants win by proving the patent asserted against them is invalid. In such cases, the patent gets cancelled, and the risk of wrongful threats against others vanishes.
The need to encourage parties to pursue meritorious defences, is partly why patent law gives judges the power to force losers to pay a winner’s legal fees in “exceptional” patent cases.
Source: Electronic Frontier Foundation