Clicker Heroes maker compares new lawsuit from “patent troll” to extortion
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Re: Clicker Heroes maker compares new lawsuit from “patent troll” to extortion
#2ljacobs@rubinrudman.com
Direct: (240) 356-1549
Re: Clicker Heroes maker compares new lawsuit from “patent troll” to extortion
#3If there was a method to fight such abusive patent trolls, I would immediately donate!
It is the exploitation of a bug in the government source code, and it should be fixed..
Re: Clicker Heroes maker compares new lawsuit from “patent troll” to extortion
#4What is the risk of just ignoring this letter altogether? Surely it would not hold in any court of law due to overwhelming number of examples of prior art, widespread use, and vague wording of the patent?
Re: Clicker Heroes maker compares new lawsuit from “patent troll” to extortion
#5What is the risk of just ignoring this letter altogether? Surely it would not hold in any court of law due to overwhelming number of examples of prior art, widespread use, and vague wording of the patent?
The issue is that this is asymmetric warfare. It's "cheap" for the patent troll to engage in countless procedures, each of which costs you the case if you fail, whereas it costs the defendant tens of thousands of dollars each time.
Re: Clicker Heroes maker compares new lawsuit from “patent troll” to extortion
#6If there was a method to fight such abusive patent trolls, I would immediately donate! It is the exploitation of a bug in the government source code, and it should be fixed..
Re: Clicker Heroes maker compares new lawsuit from “patent troll” to extortion
#7What is the risk of just ignoring this letter altogether? Surely it would not hold in any court of law due to overwhelming number of examples of prior art, widespread use, and vague wording of the patent?
The issue is that this is asymmetric warfare. It's "cheap" for the patent troll to engage in countless procedures, each of which costs you the case if you fail, whereas it costs the defendant tens of thousands of dollars each time.
It sounds like what's missing is a bad faith mechanic. Assuming it could be implemented in a way that's not terrible or outright ineffective, it would be interesting to see a legal framework for barring a party from filing patent suits if they accumulate enough verdicts that rule their case to be outrageous enough to earn them a black spot.
Re: Clicker Heroes maker compares new lawsuit from “patent troll” to extortion
#8What is the risk of just ignoring this letter altogether? Surely it would not hold in any court of law due to overwhelming number of examples of prior art, widespread use, and vague wording of the patent?
The issue is that this is asymmetric warfare. It's "cheap" for the patent troll to engage in countless procedures, each of which costs you the case if you fail, whereas it costs the defendant tens of thousands of dollars each time.
OTOH patent trolls generally rely on victims preferring to quickly settle for moderate sums, they're not usually built for losing cases.
IIRC Newegg's refuses to ever settle[0], and when patent trolls find out and try to drop it[1] Newegg sues right back[2].
You do need a motivated lawyer/legal department with institutional support though.
[0] https://www.reuters.com/article/us-scotus-newegg-soverain/u-...
[1] https://arstechnica.com/tech-policy/2016/01/patent-troll-rea...
[2] https://arstechnica.com/tech-policy/2016/01/newegg-sues-pate...
Re: Clicker Heroes maker compares new lawsuit from “patent troll” to extortion
#9Earlier quoted context omitted.
The issue is that this is asymmetric warfare. It's "cheap" for the patent troll to engage in countless procedures, each of which costs you the case if you fail, whereas it costs the defendant tens of thousands of dollars each time.
It sounds like what's missing is a bad faith mechanic. Assuming it could be implemented in a way that's not terrible or outright ineffective, it would be interesting to see a legal framework for barring a party from filing patent suits if they accumulate enough verdicts that rule their case to be outrageous enough to earn them a black spot.
It exists in some/many/dunno European jurisdictions. If the claim fails in court, the party that lost will pay for all legal expenses (up to a limit). You still need money to defend yourself, but you'll get them back once the case is thrown out/won.
Re: Clicker Heroes maker compares new lawsuit from “patent troll” to extortion
#10$35k is a number that sends a message. To me this message says
"I dont really have a serious case. Let's keep things simple, you settle out of court and send me whatever you can afford"
If someone sent me this sort of lawsuit I wouldn't even waste time replying