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

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221–230 of 321 posts

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

#221

Earlier quoted context omitted.

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

It happens. https://news.ycombinator.com/item?id=26759051

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

#222
post #100

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…

Wow, thanks Andrew! I sent you an email with the lawsuit. I look forward to hearing from you. What an amazing community!!

I just spoke with Andrew and he was incredibly helpful and is going to help me out. Whew. Thank you Andrew and HN!!

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

#223

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…

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

It's usually cheaper to settle than to go to court. A company I worked for got hit (apparently using TLS violates their patent. Even though it's the browser that initiated the connection). Company simply paid up because it was cheaper.

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

#224

Hm this is basically on the level of patenting pulling your wallet out of your green pocket to pay for a coffee at a street food shop. Or cutting wood with a knife to then use it to build a chair. I.e. while you need the result of the first part to do the second part, how you do the first part and how you do the second part are completely unrelated. Honestly given the large degree of economical damage such patent tro…

How about requiring a jury of "peers" who actually know the first thing about the subject matter when these things do go to court.

I've tried to get onto a jury panel for IP cases. Defense attorneys do not want anyone with IP and computer skills anywhere near that panel. The easiest way to skip a jury is to claim forensic expertise. Judge William Alsup (Oracle vs. Google) is famous because he actually has sufficient CS understanding to tell when someone lies. https://www.theverge.com/2017/10/19/16503076/oracle-vs-googl...

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

#225
post #218

Earlier quoted context omitted.

I hope the entire patent system is simply dissolved. Patents are an artificial restriction on free trade that prevents competition and put profits in the pockets of the greedy undeserving.

Patents have their uses. Trade secrets are worse. We should not through out the baby with the bathwater....

Are trade secrets really worse? My (uninformed, anecdotal, unsubstantiated) intuition is that reverse engineering, or even just the knowledge that something is possible, ensures that trade secrets are no barrier to progress. While patents definitely seem like a barrier.

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

#226

Earlier quoted context omitted.

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

Largest "patent troll" in history was brainchild of and founded by former Microsoft CTO. The person who coined the term "patent troll" helped him start the company. He came from Intel. The saddest part of the idea of "trolling" as a "business" is that it has spread into other areas, outside IT. "Patent trolling" is easy to spot when the patents are software patents as so many software patent are low quality. However, the patent quality problem is not nearly as acute in other industries.

There are in fact legitimate small inventors who must approach large companies, and that situation predates the hardware and software industries, but it was software and hardware people that created this idea of the "patent troll". If there was a "bad" situation that existed before Intellectual Ventures was founded, no solution was offered by those who were negatively affected. Rather, the approach taken was "If you can't beat `em, join `em." One could argue, as a result, the situation went from bad to worse.

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

#227
post #222
post #100

Earlier quoted context omitted.

Wow, thanks Andrew! I sent you an email with the lawsuit. I look forward to hearing from you. What an amazing community!!

I just spoke with Andrew and he was incredibly helpful and is going to help me out. Whew. Thank you Andrew and HN!!

Some way the two of you can do a blog or soenthing outlining the main points when dealing with such a threat?

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

#228

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...

It's usually cheaper to settle than to go to court. A company I worked for got hit (apparently using TLS violates their patent. Even though it's the browser that initiated the connection). Company simply paid up because it was cheaper.

Unfortunately this is one of those instances where looking out for oneself (in a business sense) does more harm to society than eating the costs and fighting the battle.

IANASBO (I am not a Small Business Owner) so I can't say I wouldn't necessarily do any different, sadly. But I like to think I would.

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

#229

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…

Thanks for helping to restore my faith in humanity.

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

#230

Earlier quoted context omitted.

Without knowing the content of the patents(merely that they are valid) - would you be able to differentiate between a patent troll and someone with a great patent that wants their hard work licensed instead of taken for free?

Who is taking anything for free? Do you think people go read through the patent database to get product ideas? If I create a product and bring it to market without any knowledge of your patent, why should I pay you just because you invented it earlier and then sat on it?

I don't think any judge is going to care much if you say you didn't read their patent before infringing on their patent.
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