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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?

#151

Post by bob33212 »

I would find an attorney that is willing to send a letter that states:

"Thank you for your correspondence, I regret to inform you that you are mistaken in your understanding of my software. The methods of data transfer and QR code analysis are in no way covered by your patent. Even if my software was infringing on this patent, I think that your patent should be invalidated by prior art. Please see Patents, X,Y,Z as evidence of that." It doesn't matter what X,Y and Z are, you are just making them waste time on technical work.

Basically you are saying. Lets go to court and let a judge look at all these detailed technical things and let the Judge decide if I owe anything or if you should have this patent at all.

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

#152

Post by kian »

bitwize wrote: post #136
ARandomerDude wrote: post #131

Earlier quoted context omitted.

> will just ghost a one man operation or small business I didn't understand this phrase. Does that mean the "good" lawyer is just a false front and the real business is handled by somebody else?

To "ghost" someone is to avoid them without a response. The term probably came from personal relationships (e.g., a woman you were dating starts "ghosting" you). It was previously considered rude but is now appropriate to avoid potentially toxic personal or professional relationships.

Pretty sure it's still considered rude.

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

#153

Post by MaxBarraclough »

wyager wrote: post #31
relaunched wrote: post #9

Talk to a lawyer. But, here's some things to know - 1) Willful infringement is worse than infringing. 2) Patent trolls are trying to earn money - some money is better than no money. 3) In most legal scenarios, you want to get out of the conflict as cheaply as possible - vindication is very expensive.

> vindication is very expensive While true, this is unfortunate, because it means that patent trolls continue to get away with this behavior. I think society today is insufficiently aggressive and vengeful. The social utility of vengefulness is precisely that it allows for n-tit-for-tat strategies to punish social defectors like patent trolls.

> I think society today is insufficiently aggressive and vengeful.

I don't think vengefulness is the right thing to look at. I imagine large corporations with armies of lawyers might be glad to invest in winning enough lawsuits that other patent trolls are scared off. Small companies don't have the resources to do that.

Both the large companies and the small companies are making decisions on the basis of profit. Vengefulness isn't likely to be a motive in itself.

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

#155

Post by ahmedalsudani »

mraza007 wrote: post #113
Andrew_Russell wrote: post #44

I am an IP litigator, and I have dealt with patent trolls repeatedly. I have taken these kinds of cases pro bono in the past for small companies (including through the EFF attorney referral list, https://www.eff.org/pages/legal-assistance ), and I know that others have as well. There are definitely low-cost and pro bono (free) options out there for very small businesses. The EFF attorney referral list is a good place…

HN never fails to amazes me this is one of the best community where people from all backgrounds can take part in discussion And I wish all the best

Looking forward to the day a patent troll comments on a discussion

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

#156

Post by MAMAMassakali »

Andrew_Russell wrote: post #44

I am an IP litigator, and I have dealt with patent trolls repeatedly. I have taken these kinds of cases pro bono in the past for small companies (including through the EFF attorney referral list, https://www.eff.org/pages/legal-assistance ), and I know that others have as well. There are definitely low-cost and pro bono (free) options out there for very small businesses. The EFF attorney referral list is a good place…

You're super cool!!

Also wanted to ask, how can a software guy get into IP law?

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

#157

Post by PaulHoule »

MAMAMassakali wrote: post #156
Andrew_Russell wrote: post #44

I am an IP litigator, and I have dealt with patent trolls repeatedly. I have taken these kinds of cases pro bono in the past for small companies (including through the EFF attorney referral list, https://www.eff.org/pages/legal-assistance ), and I know that others have as well. There are definitely low-cost and pro bono (free) options out there for very small businesses. The EFF attorney referral list is a good place…

You're super cool!! Also wanted to ask, how can a software guy get into IP law?

Get a law degree.

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

#158

Post by [deleted] »

kkielhofner wrote: post #102
gamblor956 wrote: post #90

Earlier quoted context omitted.

There's definitely no privilege with a competitor. Telling a competitor that you are being sued by a patent troll does not impair confidentiality. And if they are a true competitor, it is very likely that they have also been sued by the patent troll, or are next on the list, and may join in multi-party litigation against the troll. You signal to your competitors the very weak and vulnerable position you're in. Maybe…

"Successful" businesses are ruthless at any size. Due to litigation, etc we have internal documents and records dating back to the 80s that demonstrate how ruthless Microsoft (as one example) was even at a time when they were relatively small. I'm not saying this is always the case. I'm saying that unless you're completely desperate or absolutely know otherwise it's the safer assumption.

[deleted]

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

#159

Post by duxup »

mh8h wrote: post #86
duxup wrote: post #64

Earlier quoted context omitted.

I understand how 'find a lawyer' is less than helpful but isn't your advice just 'find a lawyer ... that your competitors suggest'. Competitors who by default do not have your best interests in mind. Is there any real difference / likelihood of a good outcome there? Ultimately I see little difference in the potential of "most lawyers will happily take your money without necessarily having an expedient path to resolut…

In the case of a patent troll, the competitors are probably also on the future target list. It's in their interest to help fight this troll.

Or they already paid / cut a deal...

This idea that they might care is just an assumption.

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

#160

Post by chalst »

coldpie wrote: post #114
major505 wrote: post #108

Earlier quoted context omitted.

I'm curious. Can you counter sue a company like that? Since they do affect productive companies, that must be some law against that...

I think these days inter partes review is the way these trolls are slain.

Not familiar with this idea, I searched and found this

https://www.gearhartlaw.com/2016-9-8-a-way-to-defeat-a-troll...

IIUC, inter partes review is a relatively recent (9 y.o.?) patent law practice that allows 3rd parties to challenge patents directly to the patent office any time between patent award and expiry. I had thought there was only a short period this could be done after award of the patent.

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