51–60 of 321 posts
Usual 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 pat…
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.
You will likely schedule a time to sit down and discuss the letter and they might give you some indications of how to proceed.
At that point if you want to continue forward a "retainer" fee will be collected. It could be thousands.
From there good luck!
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…
The other scenario is that the good-lawyer-you-know has a personal relationship with a practicing (as opposed to managing) IP lawyer. This may be a solo practitioner. But the problem with this approach is the the good-lawyer-you-know is relying on an instinctual assessment of the IP lawyer (I like this person; they seem smart), since the good-lawyer you know has not had a need to defend or litigate IP matters.
My experience comes from working with a dozen different lawyers, with many being rereferred. I have had $1200/hour partners provide me with factually incorrect information (wrong about actual black-and-white law). And I have had lawyers provide me with $20,000 legal briefs I did not authorize or order.
When it comes to litigation attorneys, I have had some success finding a lawyer through other founders who had been fighting lawsuits for years and hired/fired several lawyers to finally settle on the most competent. I have also had luck in finding legal specialists by becoming very well informed on the subject matter (reading lots of case law) and then interviewing random lawyers, who I usually came across through legal blog posts.
I've been through similar situations. The "find a lawyer" comments are less than helpful, since you probably don't know where to begin and most lawyers will happily take your money without necessarily having an expedient path to resolution for a small one-person company. So here's what you do: Write to each of your competitors, explain the situation and ask for a referral to their lawyers. You'd be surprised how many…
Dealing with this kind of thing is a nightmare. You have to find someone who does EFF type stuff.
Usual 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 pat…
Thank you. I have not personally been served, I found out about it via emails from two different patent attorney firms offering their services, with the lawsuit attached as a courtesy. The lawsuit looks legit to me. I live in Tahoe so don't get mail but will check today and also check with my registered agent in Reno. Can you recommend me a patent attorney? Any idea on how much this could cost?
It’s patent so you can’t file an anti slapp, but until you have been properly served you need to find hearing dates and BE THERE, and demand a dismissal based on improper service. The court will almost always dismiss it, have you served right then and there but it does drag the clock.
Also get a lawyer don’t listen to strange people like me on the internet. Most likely it’ll involve some posturing and mediation or a settlement.
Also what will happen is your lawyer will send them a request to serve them on your behalf. It’s only the beginning. Things drag slow for months then speed and slow down.
Usual 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 pat…
Thank you. I have not personally been served, I found out about it via emails from two different patent attorney firms offering their services, with the lawsuit attached as a courtesy. The lawsuit looks legit to me. I live in Tahoe so don't get mail but will check today and also check with my registered agent in Reno. Can you recommend me a patent attorney? Any idea on how much this could cost?
Unfortunately the patent attorneys I've worked with are in very large international firms with a price tag that goes along with that. I can provide some recommendations but I suspect (and please don't take this the wrong way) they won't be of much use to you.
Lawsuits from Patent Assertion Entities (PAEs, sometimes called “patent trolls”) can be a drain on resources for any company. With software a primary PAE target, and software becoming an integral part of all industries — putting nearly all companies at risk of being sued.
That’s why leading companies have come together to form a collaborative, voluntary community to reduce this risk – one that grows in importance as the economic environment becomes increasingly uncertain.
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…
Some years ago, worked for a US based startup that went public. When they got to a valuation of around 1 billion, they got hit by a patent troll. Completely bogus claim, but at the time the CEO just decided to settle and avoid the risks and financial stress of prolonged litigation.
As you stated you are a small business I would start by doing the following four things :
1) Read the Wikipedia pages about these morons. It is a good overview of what you are up against:
https://en.wikipedia.org/wiki/Patent_troll
https://lotnet.com/
"How to Fight--and Win--Against Patent Trolls"
https://www.inc.com/magazine/202004/minda-zetlin/patent-trol...
4) Respond only through an attorney.
Also as stated in the article above, only agree to talk
to lawyers where the initial consultation is
free of charge. I have no affiliation with this
company but you might want to start your search here:
https://www.priorilegal.com/intellectual-property/patent/patent-trolls
Good luck and remember ... IANAL