At 08:25 AM 6/18/2003 -0400, Jon Backus wrote
>         Interesting law.  What this implies to me is that if you are a
>big company sees great profitability in something a small company has -
>go for it.  If the profitability (i.e., potential damage) is great
>enough the small company won't be able to afford the bond to go after
>you.

Rob Apgood referred to this as "Litigation as a Competitive Marketing Tool"
and it does not seem to be a rare occurrence, there have been several
examples in our own small hp3000 community over the years.

To some extent you are correct although it is more likely simply the legal
costs that intimidate small companies in these situations.
The way around for the small company is to run a low budget campaign as
follows:
- get a great lawyer on contingency
- sue the big guy and make it abundantly clear that you expect enormous damages
- don't try for an injunction or cease activity order and therefore not
needing a bond
- grind it out through the courts
- hope that the big guy is still a big guy when you are finished

Also, when posting the bond, you don't have to put up the cash or even a
percentage of the cash.  In my case, Symantec had sufficient cash to post a
bond but simply purchased sort of an insurance policy payable to the courts
and paid the monthly premiums.  When they finally lost, they paid the
damages themselves.



Brian Duncombe  [log in to unmask]  http://www.triolet.com
voice: 1-877-TRIOLET (874-6538) (905)632-2773 fax: (905) 632-8704
"Inside every large program is a small one desperately trying to get out"
C.A.R. Hoare

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