Why does the countersuit have to be about patent infringement? Just sue them to be a nuisance. I'm sure Apple's lawyers are good enough to be a thorn in Lodsys' side.
- Filing a frivolous lawsuit makes the plaintiff liable for the defendant's legal expenses.
- Repeatedly filing frivolous lawsuits can get you labeled as a vexatious litigant, and if labeled as such you need a judge's permission to file even a valid lawsuit.
- Lawyers knowingly participating in frivolous lawsuits or vexatious litigation can be disbarred.
For these reasons, I don't think you will see corporations filing a lot of meritless nuisance lawsuits.
