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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?

#251

Post by nceqs3 »

chalst wrote: post #160
coldpie wrote: post #114

Earlier quoted context omitted.

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.

Yeah but it costs 20k

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

#252

Post by ldargin »

treeman79 wrote: post #175
oh_sigh wrote: post #146

Earlier quoted context omitted.

As long as the patent is valid there is nothing racketeering about it.

Had a professor who wat was at big company. Forget which. IBM came in with a list of patents that were being violated. Professor went through the list and managed to document fully how each one didn’t apply to company. One of which was for pythagorean theorem. They had another meeting to go over it with IBM to show results. Not impressed IBM said fine you don’t violate those. We have a hundred thousand more patents.…

I read that story quite some time ago. The company was Sun Microsystems.

Edit: A link to that story: https://www.forbes.com/asap/2002/0624/044.html

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

#253

Post by ddlsmurf »

ta1234567890 wrote: post #220
ddlsmurf wrote: post #214

Earlier quoted context omitted.

Why wouldn't they just go "fine, let's deal with your next batch in court, good luck keeping them" ?

Because it was probably more expensive (and risky) to go to court and spend a ton of money on lawyers than just pay the license and be done with it.

But if the licence is that cheap, they're showing their hand, the difference between a protection scheme and IP protection here is incredibly murky. Even if you didn't aim to help others not be bullied around, going for a settlement seems the smarter option.

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

#254

Post by oh_sigh »

gpm wrote: post #247
oh_sigh wrote: post #230

Earlier quoted context omitted.

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.

They will, intentional infringement is worse than accidental infringement, but both are illegal. (not a lawyer...)

Sure, but I meant that it won't materially affect the finding of whether infringement occurred, willful or accidental.

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

#255

Post by p1necone »

gaws wrote: post #248
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…

I'm blown away by your willingness to take on these cases pro bono. There are too many greedy lawyers out there who put money over people.

I wouldn't call it greedy in all cases. Hard to be altruistic when doing so would mean you couldn't pay your rent/bills.

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

#256

Post by quickthrower2 »

shmerl wrote: post #112
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...

You'd think it should be a law against racketeering (something like RICO). Some tried to use that against patent trolls, but it didn't work.

We just need a “well duh!” Doctrine on the patent. If you can ask and answer it as an intern interview question (e.g. how to cache a QR code database)

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

#257

Post by hellbannedguy »

worik wrote: post #218
silexia wrote: post #178

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....

I used to think Patents had their uses.

I looked into just the fees to file a patent, and it's for middle class, upper class folks, institutions, and companies.

The poor guy tinkering around in his wood shed is not filing patents.

Maybe not throwing out all patents us a good idea? I don't know, but an American citizen (low income) all fees shouid be eliminated.

I would like to see a limit on patents anyone can file, or a graduated fee structure?

1 patent free. (low income. $300 everyone else) 2 patent $500 3 patent $500,000 4 patent $1,000,000,000

This would at least limit those guys patenting round corners?

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

#258

Post by nuclearnice1 »

gaws wrote: post #248
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…

I'm blown away by your willingness to take on these cases pro bono. There are too many greedy lawyers out there who put money over people.

> There are too many greedy lawyers out there who put money over people.

Name one

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

#259

Post by bdowling »

nceqs3 wrote: post #251
chalst wrote: post #160

Earlier quoted context omitted.

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.

Yeah but it costs 20k

It's more than that. The fee to request the IPR is $19,000, plus $375 for each claim in excess of 20. If the USPTO decides to institute the IPR, the post-institution fee is $22,500, plus $750 for each claim in excess of 20. [0] Attorney's fees will be far more than these amounts.

[0] https://www.ecfr.gov/cgi-bin/retrieveECFR?n=37y1.0.1.3.12#se...

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

#260

Post by foolinaround »

FabHK wrote: post #182
eloff wrote: post #78

Earlier quoted context omitted.

Honestly if a competitor came to me for help with a patent troll who'd previously targeted me, I'd bend over backwards to assist. The enemy of my enemy is my friend.

> The enemy of my enemy is my friend. This could also mean that the patent troll (the enemy of your competitor) is your friend.

simple but insightful... never thought of it this way!
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