Mirror Worlds actually didn't lose the case, as in their patents are still valid. The appellant judge objected to the 'evidence' that Mirror Worlds presented, and the excessive damages awarded.
Of course they lost the case. If you have a perfectly valid patent, you can't just sue me because you have a valid patent. You can only sue if you have a valid patent and I'm using the patent and I have no right to use the patent. The court finally rejected the idea that Apple was using that patent. No use of the patent, you lose. Even if your patent is valid. You don't lose the patent as a punishment.
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With patent court, there should be some way to ensure that there's a cost involved when you sue. I think in Germany the plaintiff in a patent lawsuit has to put up a bond that's 10% of the complaint amount. I'm not sure if that's' forfeit if there was no infringement found.
That would put a stop to a lot of the trolling. It might also prevent some valid suits from going forward, which is probably why the US doesn't do it.
No, there is no bond in Germany.
When you sue, the judge first decides the amount of money that is sued for. You can't sue for "whatever we get" as this case seems to be, you can sue for a million, or for 100 million, or for 10,000. Whatever you demand.
The judge then looks up a table that says "you are suing for one million euros, so that is 21.300 Euros court cost, 30,000 for the plaintiff's lawyers, 30,000 for the defendant's lawyers" (I made up the amounts, but it's something like that). Then if you are awarded 100,000 Euros, that's 10% of the demand, the defendant pays 10% of the cost, the plaintiff pays 90% of the cost.
In addition, after the plaintiff said "I want a million", the defendant can say "I'm willing to pay 100,000". Now the court case is about 900,000 Euros. If the award is 100,000 then the plaintiff lost 100% and pays all the cost.
Since the cost goes up with the demand, making huge demands and not getting the money will be very expensive. That's why people don't sue for ridiculous amounts of money.