Not that hard. The issue requires either in statute, or case law, a number of hoops you have to jump through, prior to getting to the end result.
Quick example: My leg had blood clots formed, I thought by Vioxx, post surgery. The clots went into my lungs, nearly killed me, and, screwed the valves in my right leg veins for life.
I found out that to sue the drug company, the industry periodicals are required to publish, and support the issue, since there is a presumption that the government approval of the drug gives the drug company a presumption of proof in their favor.
It would be easier, though too late, to go after the doctor, since there is periodical support for doctors creating a situation in such operations that create blood clots, despite the fact that I'm a bleeder, and, that prior to taking Vioxx, I had two surgeries where stopping the bleeding was the problem..
In other words, the courts create a list of hurdles that the plaintiff must meet to make their case. I'm sure that Monster has to establish a number of issues prior to making a court case, and, that they must proceed to provide evidence to the alleged offending producer of why their is a patent conflict. It seems quite clear that Monster thinks they can use the threat of litigation to intimidate folks into complying. Such tactics eventually get legislative, and judicial notice, with the result and solution that often the person trying to use the legal system to intimidate, is confronted with paying both sides legal bills, and punative damages, at the judges discretion, or, by statute.
In Kali, it's called filing a frivilous law suit, or Slap suit, with the intent to force the other party to comply, due to the financial burden such a case creates. Thanks to a religious organization that Tom Cruise is a member of, who used this method to intimidate, we now have a law that requires the suit to meet judges criteria, and, if it doesn't, and the judge finds the suit was filed with no basis, and, with only the intention to intimidate, and force compliance by the threat of litigation, the Slap suit law requires the filer to pay both sides legal bills, court fees, and, opens them up to punative damages.
Many different publications are published on how to file a lawsuit, the hurdles and issues you have to address, and the form of the argument you need to address. Also, you just pull up the controling case on the issue, use the judges and lawyers prior writings, and, use those as a template for your writing. Anyone here is smart enough to do it, given a bit of training, and, being able to get the prior cases.
