For most infringing companies that have contracted Law Firms to defend themselves from TPL are told by those hired Law Firms that they may or can successfully defend them from TPL.

Their attorneys see this as an opportunity to rake in Millions of Dollars at the infringing companies’ expense.

Law firms are going to do everything in their power to convince their customer that they can win this battle, because its their business to convince their customers that they can win.

Albie, with all due respect, this is not how reputable law firms operate. I litigated in Silicon valley for a dozen years and never told a client anything like that. In fact, no attorneys I know work like that. A good and honest (I know, hold the jokes) lawyer tells his client that there is no way to no the outcome, nothing in litigation is certain either way. Instead, you explain fees, weigh the costs of moving forward with varying strategies, and try to assess the landscape.

Doing otherwise (along the lines you suggest) would open the attorneys/law firms up to their own litigation if and when they lose the case.

Should be an interesting future.