Wow, a real patent lawyer in a patent law thread. You don't belong here, but I'll upvote whatever you have to write.
I have a comment and a question:
The comment. Summary judgement does not accomplish what I think sheepleherd was proposing. As you say, if you get a summary judgment against you, you go home. That means that a judge has to be convinced that there is definitely no case in order to issue one. What's needed, rather, is a speedy determination of who seems to be in the right. It should not be final but should determine who pays going forward.
The question. What do you see as the problem in cases like this? Or do you see a problem?
I have a comment and a question:
The comment. Summary judgement does not accomplish what I think sheepleherd was proposing. As you say, if you get a summary judgment against you, you go home. That means that a judge has to be convinced that there is definitely no case in order to issue one. What's needed, rather, is a speedy determination of who seems to be in the right. It should not be final but should determine who pays going forward.
The question. What do you see as the problem in cases like this? Or do you see a problem?