This seems like a step in the right direction. In the UK, as far as I'm aware, this is standard procedure in ANY legal case. The loser has to pay the legal fees of the winner. This can be a double-edged sword however. A big legal firm with lots of resources will mount legal fees that they alone can crush any small company.
This is one aspect that I see missing from this. The mere threat to sue over a patent can force a small company to settle or to even close-shop completely. Sure, if the small company wins, they'll get their legal fees back, but when would that be?? a good few months of time, energy, lack of sleep, and huge legal bills until the end of the process, and that's only IF they win.
This is one aspect that I see missing from this. The mere threat to sue over a patent can force a small company to settle or to even close-shop completely. Sure, if the small company wins, they'll get their legal fees back, but when would that be?? a good few months of time, energy, lack of sleep, and huge legal bills until the end of the process, and that's only IF they win.