Why Rackspace Is Suing The Most Notorious Patent Troll In America

For example I had a case where I represented a plaintiff suing over breach of a confidential settlement, b/c I attached the confidential settlement as an exhibit the defendant counter-sued for disclosing the confidential settlement. I got their counter-suit dismissed as a matter of law b/c the anti-slapp protected the freedom of speech to disclose the confidential agreement to the court for the purpose of enforcement.

At this time the Federal Government does not have a anti-slapp equivalent, and most IP cases are federal; therefore, it might be actionable to disclose confidential information in Federal Court for enforcement, maybe under seal...if a Federal practitioner happens to have experience with this issue, please shed some light.

If the top 100 companies in tech donated just ten million dollars a year to this effort you would instantly have a one billion dollar "kill the trolls" fund. If the fund is not fully consumed during the first year it could become three or four billion in five to seven years. How many trolls are going to be willing to go up against any company with that kind of a war chest to protect it?

Small entities would contribute less. The way I see it, in the US alone, this kind of protection is easily worth $50K to $100K per year for a small entity.

Yes, we are at a point where you might have to consider paying a membership fee to a troll protection association that is equivalent to the salary of a full-time employee. Sad.

The US government ought to also provide a sizable chunk of money to this fund as well as tax-exempt status. Say, a billion dollars a year. Considering the economic damage being done this is chump change. Now you have a kill-the-trolls association that, through public and private funding, could end-up with nearly ten billion dollars in five to seven years. Scary enough?

I am not one for government getting involved in private matters, much less blowing money like they did in Solyndra and others. However, this is a government-sponsored monopoly that they crated. You and I did not create this. This mess is 100% on government hands. And, like most things government does, it eventually went off the rails. It's an absolute mess. They have a responsibility to fix it.

The first step is to grant a sizable amount of money to a private entity that will shield entrepreneurs from trolls. They should hand over the money and get out of the way. Consider it reparations for running such a fucked-up patent office. Then they can go off and take ten years to reform the system.

Oh, yes, they should also make the patent invalidation process 100% free. In other words, anyone should be able to file a patent invalidation action and it should be 100% free. Then we could crowd-source patent invalidation runs on all the patents held by trolls. Form crowd-sourced teams that target trolls and file away.

Seriously folks, this is war. And in war you have to have more powerful weapons than your enemy. The enemy has the power of the monopoly they were granted by the US government. What they don't have is unlimited and massive capital. An association of practicing entities --no trolls allowed-- with billions of dollars available to mount a shield and defend members would be massively intimidating.

The association's mission statement should state that all engagements will have, as a goal, the invalidation of the patents in question. In other words, if you screw with us we will go directly to rip those patents out of your hands. No middle ground. No deals. No mercy. Attacking us means you, as the attacker, risk it all and you better have a real patent.

How many trolls are going to risk that? How many will do it after one, two or several are absolutely decimated in court and their patents invalidated.

One more thing. If a non practicing entity has a patent invalidated they are also put through a bankruptcy style procedure whereby a trustee takes a look at what moneys were derived from licensing the invalid patents. The idea is to refund ill-gotten funds to those who paid the fees.

In other words, hit them with a nuke.

EDIT: Also, on the subject of patent invalidation. This should be ripped out of the hands of the government and run just like a trial. I don't know exactly how it works today, but this is what I have in mind: A judge is appointed to oversee the process. A jury of people well-qualified in the patent's subject matter is assembled. Both parties present their case. The jury deliberates and decides. Fast, efficient and 100% in private hands with the blessings of the US government. Rough strokes.

It definitely feels like there are a lot of problems facing software developers in general that could be addressed if collectively the industry would take a stand for civilized, rational behavior and pool their resources. In some cases, you could possibly turn a profit doing it!

I wouldn't advise this for the latter group, but it is quite enjoyable to wind up time saying a lot of nothing (except maybe a nice description of your bowel movements) to the legal firm, who then charge their client for writing it down and telling them what was said.

In general, keep your effing mouth shut. It's generally safe to ignore "scary letters" (and especially emails) if you're not actually served, because it's inexpensive to carpet bomb potential suckers. Once they legally act against you (such as the IRS telling you they have started auditing your returns), break out your rainy day retainer fund. There are good attorneys out there and they're not hard to find.

It could also be an attempt to get Google juice for anyone else looking for info on these jokers.