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Patent Troll: Anyone Using WiFi Infringes; Won't Sue Individuals 'At This Stage'

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21–30 of 97 posts

Re: Patent Troll: Anyone Using WiFi Infringes; Won't Sue Individuals 'At This Stage'

#21
post #16

I'm not a lawyer, so my question is simple - say that you receive a citation from Innovation and you simply ignore this. What then ? They will actually take you to court ?

Well, if you ignore it and they get a default judgement against you (i.e. they find that you are infringing) then they can do lots of things to make sure you pay up. IANAL so you would want to talk to one if this happens.

Re: Patent Troll: Anyone Using WiFi Infringes; Won't Sue Individuals 'At This Stage'

#22

I really hope they do start suing individuals. Congressmen, and judges specifically.

Patent trolls may be evil, but they're not stupid. The best we can hope for is for them to sue a close friend of a congressman or judge.

Re: Patent Troll: Anyone Using WiFi Infringes; Won't Sue Individuals 'At This Stage'

#23
I wouldn't think they could ever win anything. One of the rules with patents is you can't just kick back and wait for your competitor's product to grow and sue 10 years later.

Considering WiFi is almost 20 years old, and has practically surpassed 'ubiquity', I'd say that ship sailed.

Re: Patent Troll: Anyone Using WiFi Infringes; Won't Sue Individuals 'At This Stage'

#24
post #22

I really hope they do start suing individuals. Congressmen, and judges specifically.

Patent trolls may be evil, but they're not stupid. The best we can hope for is for them to sue a close friend of a congressman or judge.

Maybe not stupid, but I think their hubris is steadily growing.

At some point a patent troll is going to fly too high and set fire to the entire business model.

Re: Patent Troll: Anyone Using WiFi Infringes; Won't Sue Individuals 'At This Stage'

#25
The patent is from 2004. http://www.google.com/patents?id=zi8SAAAAEBAJ&printsec=a...

I hope their greed gets the best of them. Here's a poll I created to get general feedback on this subject. It's so infuriating to me, but a lot of people seem to be indifferent on the subject of patents: http://www.wepolls.com/p/3363896/

Re: Patent Troll: Anyone Using WiFi Infringes; Won't Sue Individuals 'At This Stage'

#26

I wouldn't think they could ever win anything. One of the rules with patents is you can't just kick back and wait for your competitor's product to grow and sue 10 years later. Considering WiFi is almost 20 years old, and has practically surpassed 'ubiquity', I'd say that ship sailed.

That's the beauty of the scheme. They don't HAVE to win anything. They threaten to sue for $2,000 to $5,000 which is less than the cost of hiring a lawyer to defend. 98% of the people threatened pay up. Some miniscule percentage are incredibly cussed individuals who are willing to spend thousands of dollars just to be right... maybe they'll lose those cases. It doesn't matter: they're still making huge amounts of money.

The only threat to the scheme is having your lawyers be sanctioned for unprofessional conduct. If there was NOTHING behind the threat, this would be a real possibility (like, say, if you tried this scheme when you didn't even HAVE a patent). But as long as it's a plausible case, the threat works and it's highly profitable.

Re: Patent Troll: Anyone Using WiFi Infringes; Won't Sue Individuals 'At This Stage'

#27
post #16

I'm not a lawyer, so my question is simple - say that you receive a citation from Innovation and you simply ignore this. What then ? They will actually take you to court ?

This is exactly what I have been wondering. The case has no merit: they can't sue me for buying a Linksys router, can they?

The way the US legal system works, if you are sued then the plaintiff and you go to the court and make your arguments. If you don't show up, then they automatically win all arguments they make. Even if the argument is wrong. So you automatically lose, and then it moves to the collections stage.

tl;dr; Yes, they can sue you for buying a router. And win, if your high-priced lawyer doesn't show up in court on the appointed day.

Re: Patent Troll: Anyone Using WiFi Infringes; Won't Sue Individuals 'At This Stage'

#29
Hams have been doing packet radio since the 70's in earnest and it's been around far longer.

http://en.wikipedia.org/wiki/Packet_radio

There is clearly prior art. When you make this big a nuisance of yourself, clearly exploiting the system at society's expense, you should be permanently disbarred. You are a clear and present danger to the continued operation of the justice system.

Edit: Might a flood of complaints to the bar association do some good here?

Re: Patent Troll: Anyone Using WiFi Infringes; Won't Sue Individuals 'At This Stage'

#30

I wouldn't think they could ever win anything. One of the rules with patents is you can't just kick back and wait for your competitor's product to grow and sue 10 years later. Considering WiFi is almost 20 years old, and has practically surpassed 'ubiquity', I'd say that ship sailed.

Never heard of that rule. Perhaps you are confusing with trademarks, which you must defend?

Or you are confused about the damages - you can't collect damages on anything that happened before you told the victim "you are infringing, now stop or pay me $XXX". But you definitely can collect from that point on (triple damages, if willful infringement is established)

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