Most patents are probably not valid, and most patents used in licensing offers / threats are probably not strong enough to avoid being invalidated or found not infringed if litigated, but the would-be licensor / troll counts on the threatened party to settle rather than pay millions of dollars for litigation. While there aren't any easy tactical solutions and a policy fix is a dim hope, we should be able to at least…
Seems to me, the same technology could be used by the NPEs too, though, to find new troll targets.
Cloudflare says that it is willing to spend up to $50,000 to award people who dig up prior art that invalidates Blackbird's patents ($20,000 for prior art related to the lawsuit and $30,000 for prior art related to Blackbird's other patents). BUT (and it's a big but, Sir Mix-a-Lot) ... > These opportunities remain open as long as Blackbird's case against Cloudflare is still active. So, what will likely happen is that…
I had the very same reaction after reading this. A long post that describes how bad patent trolls are, a general call to embrace the fight, everyone should join the fight sponsored by Cloudflare and together we can win! But, if for whatever reason Blackbird leaves us alone and they bully someone else - not our problem anymore! As someone who does not have a dog in this fight, I see no reasons to help them when it's b…
> I see no reasons to help them when it's blatantly obvious they are just fighting for themselves
They're a business, they're supposed to fight for themselves. And the bounty is the reason to help.
Cloudflare says that it is willing to spend up to $50,000 to award people who dig up prior art that invalidates Blackbird's patents ($20,000 for prior art related to the lawsuit and $30,000 for prior art related to Blackbird's other patents). BUT (and it's a big but, Sir Mix-a-Lot) ... > These opportunities remain open as long as Blackbird's case against Cloudflare is still active. So, what will likely happen is that…
I am guessing that, even if Blackbird motions to dismiss this lawsuit, Cloudflare will nonetheless file IPRs against each of Blackbird's 37 or 38 patents for which sufficient prior art is discovered. This appears to be more than a strategic move for this particular case on the part of Cloudflare. Cloudflare is hoping to build a reputation as 1) aggressive, 2) vindictive, and 3) successful. Believe me, other NPEs will…
Blackbird's founders both came from large (>1000 employee firms), and likely know all the tricks.
Cloudflare mentions "outside patent counsel"
Most patents are probably not valid, and most patents used in licensing offers / threats are probably not strong enough to avoid being invalidated or found not infringed if litigated, but the would-be licensor / troll counts on the threatened party to settle rather than pay millions of dollars for litigation. While there aren't any easy tactical solutions and a policy fix is a dim hope, we should be able to at least…
Seems to me, the same technology could be used by the NPEs too, though, to find new troll targets.
Patent owners could use it too, but overall it would make invalidating patents and resolving patent disputes faster, easier, and cheaper.
Woah, looks like this patent troll picked the wrong company to sue. Cloudflare is going after them _hard_: > Step 1 — Cloudflare will fight this case in the courts > Step 2 — Cloudflare will fund a crowdsourced effort to find evidence to invalidate Blackbird’s patents… all of them > Step 3 — Cloudflare will investigate Blackbird’s operations to develop facts that support our arguments in the litigation and expose how…
Step #4 is going right for the throat: their ability to practice law at all . That's a big "and fuck you too" on top of the other stuff which is only meant to shut down Blackbird's operations as a patent troll. I have no sympathy for patent trolls any more than I do other extortionists - whether "technically it is legal" or not.
If they can truly bar them from practicing that would be the ultimate win. It would also send a message to new wanna be trolls that life is a troll isn't lalaland.
I had the very same reaction after reading this. A long post that describes how bad patent trolls are, a general call to embrace the fight, everyone should join the fight sponsored by Cloudflare and together we can win! But, if for whatever reason Blackbird leaves us alone and they bully someone else - not our problem anymore! As someone who does not have a dog in this fight, I see no reasons to help them when it's b…
> I see no reasons to help them when it's blatantly obvious they are just fighting for themselves They're a business, they're supposed to fight for themselves. And the bounty is the reason to help.
Fighting for themselves could also take the form of teaming up with Newegg and other active troll fighters, funding an ongoing prior art bounty together that targets the patents of known patent trolls, and keeping it going indefinitely.
Blackbird combines both a law firm and intellectual property rights holder into a single entity. In doing so, they remove legal fees from their cost structure and can bring lawsuits of potentially dubious merit without having to bear any meaningful cost. If there is a place where government regulation can do some good, this might be it. The combination of these two kinds of company represents a moral hazard. There is…
>If there is a place where government regulation can do some good, this might be it.
Isn't government regulation the cause of this problem? These trolls only exist because there's a government patent system.
For smaller companies and orgs, or individual software developers, I wonder if it now makes sense to pay into some sort of common "patent troll insurance pool" (I'm sure someone's suggested this already). If any member of the pool gets sued, the pool puts out patent invalidation bounties on the troll's entire portfolio and (for an additional premium) covers part of the legal defense in case there's a trial. a) it can…
What you're (more or less) describing is a combination of defensive patent infringement insurance and a patent pool. Both are things that exist, but patent infringement insurance is crazy expensive, and patent pools are hard for small companies to enter into.
> patent pools are hard for small companies to enter into.
Per my understanding, patent pools also don't offer any protection against non-practicing entities, correct? Since patent trolls don't use any patents themselves, a defendant in a patent suit can't assert any of the pool's patents against the troll in a countersuit.
I am guessing that, even if Blackbird motions to dismiss this lawsuit, Cloudflare will nonetheless file IPRs against each of Blackbird's 37 or 38 patents for which sufficient prior art is discovered. This appears to be more than a strategic move for this particular case on the part of Cloudflare. Cloudflare is hoping to build a reputation as 1) aggressive, 2) vindictive, and 3) successful. Believe me, other NPEs will…
Blackbird's founders both came from large (>1000 employee firms), and likely know all the tricks. Cloudflare mentions "outside patent counsel" https://www.cloudflare.com/priorartsearch/ Any idea who are the Cloudfare outside attorneys?
Do not mistake employment in big law for infallible expertise. I deal with exactly this on a daily basis - patent litigation, IPRs, counter IPRs, NPEs, PEs. Regardless of their background, they do not want their assets facing IPRs. IPRs introduce delays, invalidity risks, and costs.