Just ignore it. By acknowledging it you're engaging with them. They're looking for low hanging fruit.
Ask HN: I was hit with a patent troll lawsuit, how do I deal with it?
21–30 of 321 posts
Re: Ask HN: I was hit with a patent troll lawsuit, how do I deal with it?
#22You may want to reach out to some of your competitors and try to find the lawyers they used (especially the dismissed ones). If there are any court records they may show this.
Re: Ask HN: I was hit with a patent troll lawsuit, how do I deal with it?
#23You 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).
You are not alone!
Re: Ask HN: I was hit with a patent troll lawsuit, how do I deal with it?
#24Bad idea for the sake of discussion: Why not represent yourself, make the whole process as public as possible (marketing to offset the cost of time), and do everything you can to asymmetrically use their lawyer's time? Even if you end up settling, they might come to the table a little more eager to get it over with
Re: Ask HN: I was hit with a patent troll lawsuit, how do I deal with it?
#25I'll inject a related question here:
Does anyone have experience with the LOT network [0]?
If so, is this useful, recommended or advisable for small startups?
As for the OP. I wonder if joining LOT at this point might have any value for you.
Political: The patent troll industry is yet another example of how much our politicians have failed us. I see them as scam artists who would be bad car sales people and ambulance chasers had they not gone into politics. All they care about is votes. Everything else does not affect their fitness function, therefore, they tend to ignore things that are actually important to real people.
Re: Ask HN: I was hit with a patent troll lawsuit, how do I deal with it?
#26You could always settle. How much are they asking for? Could you share the patent # they are trying to use?
The case details does not detail an asking amount. I could post the case details here if people think that's a good idea. I suppose it's public information anyway.
Re: Ask HN: I was hit with a patent troll lawsuit, how do I deal with it?
#27Earlier quoted context omitted.
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.
This ^
Fighting it means legislative changes, not falling on your sword hoping you put a dent in their impenetrable armor.
Re: Ask HN: I was hit with a patent troll lawsuit, how do I deal with it?
#28Usual disclaimer: I am not an attorney.
Have they actually served you with any notice, potential licensing terms, legal documents of any kind? For clarification, are they a NPE (non-practicing entity)?
Anyway, I've worked on pretty much every side of the patent system in the United States (assuming you're there). While I (fortunately) haven't been presented with your exact scenario I suggest:
- You need to hire a patent attorney immediately (it doesn't sound like you have one).
- Get them up to speed on the situation.
- They can advise you on what to do.
The advice I've been given in the past essentially boils down to:
1) Have your attorney immediately respond with a letter containing any/all of the following: likely prior art, issues with their patent, why it doesn't apply to you, any circumvention measures you've taken, etc, etc.
2) Meet their terms. It sounds like this probably isn't a viable option for you.
#1 serves several purposes:
1) Letting the other party know you have a patent attorney.
2) You (and they) understand the landscape and have a prepared response.
3) You aren't just some naive rube that will be (that) easily intimidated.
4) If they're looking for a quick rollover, settlement, licensing terms, etc that won't happen here.
For you it sounds like most of this will be a bluff.
Ideally they'll move on to a different target. However based on what you've described they sound very aggressive and well funded so that's probably not what will happen here if it comes to that.
As you probably know these kinds of things often come down to who has the last dollar and it sounds like that will be you.
The worst case scenario is you end up with a judgement against you and the cops show up and seize company assets. Don't mess around with this and let it get to that.
Good luck.
Re: Ask HN: I was hit with a patent troll lawsuit, how do I deal with it?
#29You 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).
Most state bar associations have a website where you can search for whatever specialty you might need. You can also talk to your investors for advice, or ask around your community for recommendations.
Re: Ask HN: I was hit with a patent troll lawsuit, how do I deal with it?
#30Like many said contacting a lawyer is a good idea, also consider joining the LOT Network, it's like protection against patent trolls by sharing patents.