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I don't see anything game-changing about their approach. Fighting instead of settling should definitely be praised, but the only differences between this legal

I don't see anything game-changing about their approach. Fighting instead of settling should definitely be praised, but the only differences between this legal challenge and any of the previous ones are the result of recent changes in the law or the judiciary, which are beyond Cloudflare's control. Nothing suggests that patent-trolling itself as a "game" is going to shift or go away after this, and until that is made to happen, it's going to be as lucrative as ever.

ChuckMcM 9y ago
I believe they were implying that by going after the firm through legislative attacks, ethics evaluations, and also working to invalidate patents that they were not sued for violating, as opposed to just showing up in court and defending the suit as filed, constitutes "game changing". I think it would be more accurate to say that they are fighting back more creatively than you might think they could at first glance.
wglb 9y ago
Then perhaps you missed one of the novel ideas Cloudflare is also filing a complaint with the ethics committee. And their talking to reporters.
- ivanbakel 9y ago
  That's a one-sentence action that's brushed over in the article. I see nothing suggesting it's novel or effective, and I don't have enough knowledge of patent suits to decide that.
  - wglb 9y ago
    There are at least two other tactics that are novel. The article as a whole indicates that this novel approach is effective.
    - pitaa 9y ago
      > There are at least two other tactics that are novel Good point. Cloudflare should patent them!
CodeWriter23 9y ago
The novel approach here will become apparent when CloudFlare makes it crystal clear that Blackbird inadvertently volunteered to be Prenda Law 2.0 with their dissembling contracts ($1 plus "other consideration") intended to skirt the letter of the law/ethical regulations. That being that attorneys can't seek to acquire causes of action.

ChuckMcM 9y ago

I believe they were implying that by going after the firm through legislative attacks, ethics evaluations, and also working to invalidate patents that they were not sued for violating, as opposed to just showing up in court and defending the suit as filed, constitutes "game changing". I think it would be more accurate to say that they are fighting back more creatively than you might think they could at first glance.

wglb 9y ago

Then perhaps you missed one of the novel ideas Cloudflare is also filing a complaint with the ethics committee. And their talking to reporters.

ivanbakel 9y ago
That's a one-sentence action that's brushed over in the article. I see nothing suggesting it's novel or effective, and I don't have enough knowledge of patent suits to decide that.
- wglb 9y ago
  There are at least two other tactics that are novel. The article as a whole indicates that this novel approach is effective.
  - pitaa 9y ago
    > There are at least two other tactics that are novel Good point. Cloudflare should patent them!

CodeWriter23 9y ago

The novel approach here will become apparent when CloudFlare makes it crystal clear that Blackbird inadvertently volunteered to be Prenda Law 2.0 with their dissembling contracts ($1 plus "other consideration") intended to skirt the letter of the law/ethical regulations. That being that attorneys can't seek to acquire causes of action.