My Encounter With a Patent Troll
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My Encounter With a Patent Troll
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Re: My Encounter With a Patent Troll
#2It's a sad state of events when any small merchant using popular shopping cart software can be harassed and bullied by trolls. I ended up writing my two Senators and House Representative (yep, single Representative. That's Montana for you!) in the hope we'll see real patent reform in the future.
For a more "news like" account of the case, with background and comment from the troll's attorney, see below:
Re: My Encounter With a Patent Troll
#3What is the best way to contact my elected government representatives to support a change in this area? I am not familiar enough with the laws in this area and don't really have the background knowledge to speak intelligently enough about it to be convincing. I'd really like to do my part on this but am not sure how to be effective.
Re: My Encounter With a Patent Troll
#4What is the best way to contact my elected government representatives to support a change in this area? I am not familiar enough with the laws in this area and don't really have the background knowledge to speak intelligently enough about it to be convincing. I'd really like to do my part on this but am not sure how to be effective.
I simply emailed my U.S. senators and representative, and let them know I would be considering their stance on patent reform a major issue when deciding whether to vote for them. You can find your legislators' contact information via the following link:
http://www.house.gov/representatives/find/
You could also contact the sponsors of the recent (and weak) America Invents Act - Patrick Leahy (D-VT) and Rep. Lamar Smith (R-TX), but if you're not one of their constituents, they likely won't be too concerned with what you have to say.
If anyone else has other suggestions / tips on how to most effectively reach legislators to support patent reform, please share!
Re: My Encounter With a Patent Troll
#5"That’s why it’s crucial to be legally protected with some kind of corporate structure. For most small businesses, this means creating a limited liability company."
Not all incorporations are made equal. For LLCs, I feel it depends on the state of incorporation as well as the number of members. I could be wrong, but an LLC that is either incorporated in states like CA or only has one member, can have its corporate veil easily pierced.
Re: My Encounter With a Patent Troll
#6"That’s why it’s crucial to be legally protected with some kind of corporate structure. For most small businesses, this means creating a limited liability company." Not all incorporations are made equal. For LLCs, I feel it depends on the state of incorporation as well as the number of members. I could be wrong, but an LLC that is either incorporated in states like CA or only has one member, can have its corporate ve…
I'm not an expert on laws governing LLCs in different states, and I'm sure that there are loopholes / exceptions for certain circumstances. But being setup as an LLC vs. a sole proprietorship offers you significantly more protection. If you're targeted in a lawsuit operating as a sole proprietor, I believe all your personal assets are at risk. Operating under a LLC makes it significantly harder to come after your personal assets, especially if you're good about keeping business & personal assets in separate accounts.
Another thing I've heard recommended / try to do is to always sign as a member of a LLC (include your company position next to your signature) so it's clear you're signing on behalf of the LLC and not personally.
Re: My Encounter With a Patent Troll
#7What is the best way to contact my elected government representatives to support a change in this area? I am not familiar enough with the laws in this area and don't really have the background knowledge to speak intelligently enough about it to be convincing. I'd really like to do my part on this but am not sure how to be effective.
Just get a pitch you can say about how these patents are making you fearful and how you cannot possibly take such risks as starting your own business (if you haven't) and hiring (more?) people. Keep it short, be confident, practice in mirror. Check various organizations for talking points.
Find a decent suit, get a hair cut, and make yourself look like the stereotypical successful business man / woman. Find out when your representative will be in town (most have multiple offices in their district), and go to a public meeting they are holding. Be pleasant, nice, and state your point. Followup with a letter and get others to write letters on the same subject. If you know one of the big campaign donors then get them to state the same thing.
Re: My Encounter With a Patent Troll
#8I think you were lucky that the patent was actually fought in court and close to a resolution. It's not always the case, so ignoring the troll may not be the best advice. Especially if the troll's lawyers are paid on a contingency basis. They have all the incentives to sue. It doesn't cost them anything, and any ruling in their favor reinforce their case.
Re: My Encounter With a Patent Troll
#9So when is someone going to start a company offering small startups patent troll insurance? Obviously, Congress isn't going to fix anything. Other solutions need to be explored.
Re: My Encounter With a Patent Troll
#10I think you were lucky that the patent was actually fought in court and close to a resolution. It's not always the case, so ignoring the troll may not be the best advice. Especially if the troll's lawyers are paid on a contingency basis. They have all the incentives to sue. It doesn't cost them anything, and any ruling in their favor reinforce their case.
I agree. I was very lucky the case was so close to a resolution and that my research (and that of my wife, who has experience in the legal field) led us to believe their case was weak.
Also, as I stated in the post, I do not broadly advise ignoring legal claims:
"...if you are contacted about a patent violation, I highly recommend hiring a lawyer to look things over. The last thing you want is to ignore a legitimate infringement claim or legal issue".