Make both parties start in non-binding arbitration, where the plaintiff pays.
If either party chooses to escalate, they'll be on the hook for all the fees, including the original arbitration, if they loose.
Plaintiffs could purchase insurance or some other vehicle to de-risk their claims if they believe, but aren't certain, that they'll win. This will help smaller parties that get infringed upon.
Make both parties start in non-binding arbitration, where the plaintiff pays.
If either party chooses to escalate, they'll be on the hook for all the fees, including the original arbitration, if they loose.
Plaintiffs could purchase insurance or some other vehicle to de-risk their claims if they believe, but aren't certain, that they'll win. This will help smaller parties that get infringed upon.