That's not what due process means. There's no law that says they have to give the defendant notice and opportunity to stop infringing before filing suit.
If the system needs reform, then reform the system. But a judge shouldn't be prematurely taking sides against a litigant who's playing by the rules as they currently exist.
There's no law that says they have to give the defendant notice and opportunity to stop infringing before filing suit.
Not technically, but as the article says, if the plaintiff takes no steps to mitigate the damages he's supposedly suffering, but goes straight for the defendant's wallet without asking for so much as a preliminary injunction, it's reasonable to suspect his motives.
And that may affect what he eventually receives in damages. But the judge taking sides against him based on doing something that he's within his rights to do is inappropriate.
If the system needs reform, then reform the system. But a judge shouldn't be prematurely taking sides against a litigant who's playing by the rules as they currently exist.