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Ask HN: I was hit with a patent troll lawsuit, how do I deal with it?

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Re: Ask HN: I was hit with a patent troll lawsuit, how do I deal with it?

#11

Post by akersten »

nceqs3 wrote: post #7

You could always settle. How much are they asking for? Could you share the patent # they are trying to use?

By settling, they would be enabling the cycle of abuse. This is as good as "you could always pay the bitcoin ransom." OP needs to contact the EFF and knock this down in court - it's the only way to push back against insane software patents.

Re: Ask HN: I was hit with a patent troll lawsuit, how do I deal with it?

#12

Post by MattGaiser »

fallingknife wrote: post #6

You have to talk to a lawyer. No one other than a IP attorney experienced in dealing with patent trolls will be able to give you accurate advice on this. Also you should add "[ask HN]" to the beginning of your post. edit: A good way to find a lawyer is to talk to good lawyers you have worked with in the past. They will not be able to help you themself if they practice in a different area, but will likely have referra…

> Also you should add "[ask HN]" to the beginning of your post.

I thought that was automatically appended? Just seemingly not in this case possibly because it doesn't end with a question mark.

Re: Ask HN: I was hit with a patent troll lawsuit, how do I deal with it?

#14

Post by codefined »

MattGaiser wrote: post #12
fallingknife wrote: post #6

You have to talk to a lawyer. No one other than a IP attorney experienced in dealing with patent trolls will be able to give you accurate advice on this. Also you should add "[ask HN]" to the beginning of your post. edit: A good way to find a lawyer is to talk to good lawyers you have worked with in the past. They will not be able to help you themself if they practice in a different area, but will likely have referra…

> Also you should add "[ask HN]" to the beginning of your post. I thought that was automatically appended? Just seemingly not in this case possibly because it doesn't end with a question mark.

Nope, just convention.

Re: Ask HN: I was hit with a patent troll lawsuit, how do I deal with it?

#16

Post by stinos »

fallingknife wrote: post #6

You have to talk to a lawyer. No one other than a IP attorney experienced in dealing with patent trolls will be able to give you accurate advice on this. Also you should add "[ask HN]" to the beginning of your post. edit: A good way to find a lawyer is to talk to good lawyers you have worked with in the past. They will not be able to help you themself if they practice in a different area, but will likely have referra…

A good way to find a lawyer is to talk to good lawyers you have worked with in the past.

I.e. none for me. Is it that common to have worked with lawyers then? I honestly wouldn't know how to find a good lawyer. I don't even think I know anyone in person who ever needed a lawyer (not sure - it's not something which comes up often in conversations).

Re: Ask HN: I was hit with a patent troll lawsuit, how do I deal with it?

#17

Post by mchusma »

ryantgtg wrote: post #8
nceqs3 wrote: post #7

You could always settle. How much are they asking for? Could you share the patent # they are trying to use?

Yes, that is one of the options. They can also represent themselves, or hire a lawyer. What else could they also do? Run away to another country maybe?

To clarify, in some jurisdictions in the US, businesses cannot represent themselves. Which is a travesty for companies like this guy, who doesn't even have that as an option. I don't actually know about patent law, I just have had an experience with a frivolous lawsuit for a low-ish dollar amount that it would cost more to defend than lose. Because we couldn't represent ourselves, we just had to let it go to default judgement.

Re: Ask HN: I was hit with a patent troll lawsuit, how do I deal with it?

#18

Post by kleinsch »

Dealt with something similar. Talk to a lawyer, they’ll tell you to settle.

It sucks, but when you’re small that’s how this works. Fighting these could be a multi year process that costs tons of money and may require you to personally show up in court. Do you want to bet the future of your company and spend hundreds of hours of your life fighting this? Or do you give them a few thousand to go away?

Re: Ask HN: I was hit with a patent troll lawsuit, how do I deal with it?

#19

Post by jblake »

fallingknife wrote: post #6

You have to talk to a lawyer. No one other than a IP attorney experienced in dealing with patent trolls will be able to give you accurate advice on this. Also you should add "[ask HN]" to the beginning of your post. edit: A good way to find a lawyer is to talk to good lawyers you have worked with in the past. They will not be able to help you themself if they practice in a different area, but will likely have referra…

I've never worked with a lawyer before. How do I pick one? Should I pick one in my state - Nevada? Should I post the case details here? I guess I was hoping someone on HN had a connection or is an IP lawyer themself, as I have no idea how to pick a lawyer and no idea how much this could cost.

Re: Ask HN: I was hit with a patent troll lawsuit, how do I deal with it?

#20

Post by kleinsch »

akersten wrote: post #11
nceqs3 wrote: post #7

You could always settle. How much are they asking for? Could you share the patent # they are trying to use?

By settling, they would be enabling the cycle of abuse. This is as good as "you could always pay the bitcoin ransom." OP needs to contact the EFF and knock this down in court - it's the only way to push back against insane software patents.

OP would have to spend tons of money and hundreds of hours fighting this, then still have a nonzero chance of losing and going out of business. Always easy to say that someone else should fight it.
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