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FindTheBest destroys patent troll (arstechnica.com) 18 points by sieva 2 hours ago | flag | cached | share | 1 comment Actual article title: FindTheBest destroys “matchmaking” patent, pushes RICO case against troll
Unfortunately they still paid a big price in legal fees. Can anyone tell me what the downsides are to a loser-pays-the-fees system? I heard it's used in the UK but not in the US. What gives?
FindTheBest destroys patent troll (arstechnica.com) 18 points by sieva 2 hours ago | flag | cached | share | 1 comment Actual article title: FindTheBest destroys “matchmaking” patent, pushes RICO case against troll
How does this comment further the discussion?
alextingle 29 minutes ago | link
How does this comment further the discussion?
Maybe you could contribute some answers and further the discussion?
Unfortunately they still paid a big price in legal fees. Can anyone tell me what the downsides are to a loser-pays-the-fees system? I heard it's used in the UK but not in the US. What gives?
You have to pay the costs, even if you win, if:
i) You're offered an out of court settlement and
ii) You reject it and
iii) the settlement is more than the damages you are awarded by the court
This is to make sure that people try to settle things before going to court.
And I'm not sure how it would work for a non-practising entity. A company that has no assets apart from the patent that they're suing for would have no money to pay fees if they lose.
Love the judge's comment here: > "There is no inventive idea here," she wrote in her order. > "Having two or more parties input preference data is not inventive. > Matchmakers have been doing this for millennia... It is merely a > mathematical manifestation of the underlying process behind matchmaking: > determining good matches." A judge that uses the "computer algorithms == maths", and uses it to shut down a shitty…
Love the judge's comment here: > "There is no inventive idea here," she wrote in her order. > "Having two or more parties input preference data is not inventive. > Matchmakers have been doing this for millennia... It is merely a > mathematical manifestation of the underlying process behind matchmaking: > determining good matches." A judge that uses the "computer algorithms == maths", and uses it to shut down a shitty…
Judge Denise Cote* (not Cole)
Earlier quoted context omitted.
Name. And. Shame. I wish some enterprising young kids in the tech community could work out a technical or collective solution to the problem of patent trolls. They would be asking for punishment, to be sure. But I bet there are some really cool things that can be done here. * One naive idea: a subscription-based nonprofit that pools legal expenses and member patent portfolios and fights defensive cases on behalf of s…
> One naive idea: a subscription-based nonprofit that pools legal expenses and member patent portfolios and fights defensive cases on behalf of startups and small businesses. The more such companies that join, the more formidable its portfolio would become. Patent portfolios don't work against trolls that don't have any business other than patent extortion. > Another naive idea: publish information about patent cases…
Can we really outspend IBM and Microsoft? I saw something on hacker news last week that said a relatively minor patent reform bill died in the house thanks to those two companies (and 3M and many others but mainly IBM and Microsoft). Name. and shame.
Currently we are in phase 1, the "Wild West". Anyone is free to grab some land and claim ownership. Gradually more civilized procedures will be developed to acquire (intellectual) property. But make no mistake. Software patents are in the interest of the dominating classes in the US and will be established. Two convincing arguments: Software patents
1. create revenue for the patent holders.
2. can be used to deter foreign competitors or at least to 'tax' them with patent fees.
tl;dr: unfortunately poor prospects for the anti-patent league.
I'm repeating myself, but in every single one of these patent trolling cases: Name. And. Shame. Eileen Shapiro. The headline should be: "FindTheBest destroys 'matchmaking' patent, pushes RICO case against patent troll Eileen Shapiro." (I'm assuming she's not the only one involved, but they've got her name in there.) Don't let these people hide behind the names of their patent companies. Let them become famous for the…