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You do not respond, an IP lawyer responds. That said, I don't see any litigation won on that patent. And I haven't seen them take any new cases to court in the
by jermaustin1 8y ago
You do not respond, an IP lawyer responds.
That said, I don't see any litigation won on that patent. And I haven't seen them take any new cases to court in the last 2 years, so chances are it is a troll trying get a license payment.
- kybernetikos 8y agoMy impression of the IP lawyer is that they don't really understand the technical details, and are just worried about risk. There's a strong chance they just try to pay them off, while I worry that that attitude just makes you a target for more. In terms of no record of litigation won, they claim they have been paid for use of this patent by some big names, so presumably some of those cases have been settled out of court, leaving no record of the result. Unless they've just made that up....
- jermaustin1 8y agoIt is possible they have successfully settled out of court because the fee is much less than the cost to litigate, and an IP lawyer might suggest that. A case could go on for multiple years, but it could also just get thrown out if you are able to easily prove prior art from before 2002 when the patent was initially filed. It's always worth talking to an IP lawyer though. It isn't expensive to talk for a couple of hours.
- BridgetOnPTAB 8y ago@jermaustin1 is right. Nuisance lawsuits rarely go to trial because the cost to litigate is far higher than the settlement demand. Patent assertion entities are usually looking for a quick payout and these cases typically do not last long. Many patent litigators will give you a free one-hour consultation. It does not hurt to ask. (Source: I am a patent litigator, and my firm does free one-hour consultations. I've even done longer ones for free. When you talk to the lawyer, just say that other firms are waiving the cost to discuss your initial options. That is not unusual at all.)
- jermaustin1 8y agoI retained an IP lawyer for a copyright troll a few years back over an image that we used on a blog that was credited properly when we used it, but the copyright troll bought the image, and was demanding about $12000 for the license. IP lawyer was only around $500 for retainer, and he made the troll disappear (not sure how, but also do not care). Sometimes just the threat that you will actually go to court over something will make a troll back off.
- sergiotapia 8y agoThat is the most ridiculous looking patent I've ever seen. What developer hasn't created what the patent is describing.
- kybernetikos 8y agoThat's basically my view too, but still, finding a published example from before 2002 isn't easy on Google. At least not with my google skills. There's not many sites left still working from those days. :-(