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Newegg vs. Patent Trolls: When We Win, You Win

blog.newegg.com

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Re: Newegg vs. Patent Trolls: When We Win, You Win

#41

Post by tachion »

Lawtonfogle wrote: post #35
throwawaykf05 wrote: post #25

Earlier quoted context omitted.

> one of the main reasons that patent trolling is so successful is that the cost of settling is smaller even than the cost of winning a suit. Is the underlying reason for this strategy the low costs of settlement, or the extremely high costs of lawsuits? What if the value of a patent really is only a few thousand dollars? Note that this very tactic is used by big companies to avoid licensing valid and useful patents…

The legal system is not equally available to all entities. That it is the center of how we enforce our rights and hold others to their duties is a major problem. Even if we could fix it in the case of patents, we still have major issues within other civil and criminal courts. I do not know the solution or even have any half baked ideas on it, but I do think the first step to any solution is for us, as a society, to r…

There are other countries, where this issue is solved (more or less) by the fact that the side which have lost the case is covering trial costs. This does stop 'court trolling' because even is the cost of winning the case is higher than the cost of the settlement, winning the case nullifies that cost. But hey, US is special this way! (and many others... ;)

Re: Newegg vs. Patent Trolls: When We Win, You Win

#43

Post by oddevan »

marcosdumay wrote: post #34
rimantas wrote: post #12

Earlier quoted context omitted.

Apple does release products, you might want to check the definition of the patent troll.

Well, last time I checked, "patent troll" wasn't on the dictionary. But let's all accept the definition that says that big corporations can do everything they want, while small inventors (yes, they exist) must concede unilaterally of any rights. No way there's a better definition around.

I thought the accepted definition was a company whose only source of revenue was patent licenses and lawsuits, not products or services based on said patents.

Re: Newegg vs. Patent Trolls: When We Win, You Win

#45

Post by adebtlawyer »

tachion wrote: post #41
Lawtonfogle wrote: post #35

Earlier quoted context omitted.

The legal system is not equally available to all entities. That it is the center of how we enforce our rights and hold others to their duties is a major problem. Even if we could fix it in the case of patents, we still have major issues within other civil and criminal courts. I do not know the solution or even have any half baked ideas on it, but I do think the first step to any solution is for us, as a society, to r…

There are other countries, where this issue is solved (more or less) by the fact that the side which have lost the case is covering trial costs. This does stop 'court trolling' because even is the cost of winning the case is higher than the cost of the settlement, winning the case nullifies that cost. But hey, US is special this way! (and many others... ;)

Having litigated against adversaries who use the courts primarily to be a nuisance, with little or no regard to the actual strength or weakness of their claims, I've become convinced "loser pays costs and attorney's fees of prevailing party" is a better system than what we have in the U.S.

Re: Newegg vs. Patent Trolls: When We Win, You Win

#46

Post by stonemetal »

ikeboy wrote: post #36
throwawaykf05 wrote: post #25

Earlier quoted context omitted.

> one of the main reasons that patent trolling is so successful is that the cost of settling is smaller even than the cost of winning a suit. Is the underlying reason for this strategy the low costs of settlement, or the extremely high costs of lawsuits? What if the value of a patent really is only a few thousand dollars? Note that this very tactic is used by big companies to avoid licensing valid and useful patents…

If you know you have a valid case (you aren't a troll), how hard would it be in practice to find someone to front the money for a lawsuit? Or for that matter, could you go to the competition and sell your patent? That is, say Apple's infringing on my patent; will Samsung buy the patent from me for a fair price and then sue Apple?

to find someone to front the money for a lawsuit?

That is one of the problems, he who fronts the money expects to get the reward. Hence class actions where the lawyer who works on contingency gets millions and those wronged get a nickle.

Re: Newegg vs. Patent Trolls: When We Win, You Win

#48

Post by startupfounder »

ikeboy wrote: post #36
throwawaykf05 wrote: post #25

Earlier quoted context omitted.

> one of the main reasons that patent trolling is so successful is that the cost of settling is smaller even than the cost of winning a suit. Is the underlying reason for this strategy the low costs of settlement, or the extremely high costs of lawsuits? What if the value of a patent really is only a few thousand dollars? Note that this very tactic is used by big companies to avoid licensing valid and useful patents…

If you know you have a valid case (you aren't a troll), how hard would it be in practice to find someone to front the money for a lawsuit? Or for that matter, could you go to the competition and sell your patent? That is, say Apple's infringing on my patent; will Samsung buy the patent from me for a fair price and then sue Apple?

> how hard would it be in practice to find someone to front the money for a lawsuit?

What about paying into an troll insurance policy every month so that if a troll wanted to sue you they would see that you were protected and would fight the lawsuit with a giant pile of money. This might deter the troll from suing in the first place.

Re: Newegg vs. Patent Trolls: When We Win, You Win

#50

Post by detroitcoder »

startupfounder wrote: post #48
ikeboy wrote: post #36

Earlier quoted context omitted.

If you know you have a valid case (you aren't a troll), how hard would it be in practice to find someone to front the money for a lawsuit? Or for that matter, could you go to the competition and sell your patent? That is, say Apple's infringing on my patent; will Samsung buy the patent from me for a fair price and then sue Apple?

> how hard would it be in practice to find someone to front the money for a lawsuit? What about paying into an troll insurance policy every month so that if a troll wanted to sue you they would see that you were protected and would fight the lawsuit with a giant pile of money. This might deter the troll from suing in the first place.

That is essentially what RPX Corporation provides
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