I saw a link where a case like this was dismissed for "misjoinder". I believe the courts found improper "speculative invoicing".

Australian court decision http://www.zdnet.com/article/court-d...to-infringers/

California https://casetext.com/case/patrick-collins-127

http://www.motherjones.com/politics/...ddress-lawsuit

I am not a lawyer, but I have represented myself sucessfully in the courts for most of my life!