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I am an IP litigator, and I have dealt with patent trolls repeatedly. I have taken these kinds of cases pro bono in the past for small companies (including thro

I am an IP litigator, and I have dealt with patent trolls repeatedly. I have taken these kinds of cases pro bono in the past for small companies (including through the EFF attorney referral list, https://www.eff.org/pages/legal-assistance https://www.eff.org/pages/legal-assistance), and I know that others have as well. There are definitely low-cost and pro bono (free) options out there for very small businesses. The EFF attorney referral list is a good place to start. I'm also happy to talk it through with you if you'd like more specific information - my contact information is here: https://shawkeller.com/attorneys/andrew-e-russell/ https://shawkeller.com/attorneys/andrew-e-russell/

whynotkeithberg 5y ago
Awesome!! I hope you're able to help OP out if they call on you. Good luck to everyone who gets involved in this!
HiroProtagonist 5y ago
This is very cool and generous of you Andrew.
brodouevencode 5y ago
Good Guy ~Greg~ Andrew
jblake 5y ago
Wow, thanks Andrew! I sent you an email with the lawsuit. I look forward to hearing from you. What an amazing community!!
- jblake 5y ago
  I just spoke with Andrew and he was incredibly helpful and is going to help me out. Whew. Thank you Andrew and HN!!
  - JGM_io 5y ago
    Some way the two of you can do a blog or soenthing outlining the main points when dealing with such a threat?
    - supernova87a 5y ago
      Agreed -- it would be a service to the community that helped connect them if they could share some approaches / advice for others in a future similar situation!
      - jblake 5y ago
        I could discuss it with Andrew, but every case will be unique and necessitate its own approach. If I could make one suggestion for anyone dealing with a software patent issue, from my crash-course, is to look into Alice (2014)[1] under Section 101, and review any similar cases, especially by the same entity. You can download case documents pretty cheaply and learn a lot. I paid like 15c a page, and seeing the docket is free. Take the curiosity you have for computers and apply it to the legal system. It's inputs and outputs. But don't go too deep and put your business on the bench. Move the needle a little each day but know you have some time and don't rush into any decisions. Ultimately it's not the end of the world and life will go on. [1]https://en.wikipedia.org/wiki/Alice_Corp._v._CLS_Bank_International https://en.wikipedia.org/wiki/Alice_Corp._v._CLS_Bank_Intern...
        ajb 5y ago
        Also look at RECAP https://free.law/recap/ https://free.law/recap/
        JGM_io 5y ago
        Thx
        JGM_io 5y ago
        Super, thx
kkielhofner 5y ago
Wow, this is fantastic information and an amazing offer!
RedditKon 5y ago
Good guy counsel
major505 5y ago
I'm curious. Can you counter sue a company like that? Since they do affect productive companies, that must be some law against that...
- shmerl 5y ago
  You'd think it should be a law against racketeering (something like RICO). Some tried to use that against patent trolls, but it didn't work.
  - oh_sigh 5y ago
    As long as the patent is valid there is nothing racketeering about it.
    - shmerl 5y ago
      You can assume in the vast majority of cases patent trolls don't have valid patents. And if even if they are "valid", the patent system is so messed up, that they have to be invalid in reality. Trolls' method is exactly racketeering because it's extorting money using threat tactics. "You don't want something worse happening to you? Better pay up XYZ amount!". It's not going get much more classic protection racket than that. Except they threaten not with beating you up, but with you spending millions on court cases. I'd say trolls getting jail time for this garbage should be a good medicine for them.
      - oh_sigh 5y ago
        Without knowing the content of the patents(merely that they are valid) - would you be able to differentiate between a patent troll and someone with a great patent that wants their hard work licensed instead of taken for free?
        coldpie 5y ago
        Who is taking anything for free? Do you think people go read through the patent database to get product ideas? If I create a product and bring it to market without any knowledge of your patent, why should I pay you just because you invented it earlier and then sat on it?
mraza007 5y ago
HN never fails to amazes me this is one of the best community where people from all backgrounds can take part in discussion And I wish all the best
- ahmedalsudani 5y ago
  Looking forward to the day a patent troll comments on a discussion
  - ethbr0 5y ago
    People take enough cheap shots at adtech folks, when they offer their perspective. I assume the patent troll approach would be that they're returning value to their investors, while following the law as it stands.
    - treeman79 5y ago
      Was in adtech for awhile. Glad to be out of it. Lots of neat problems to solve. But yeah it was super creepy
    - silexia 5y ago
      I hope the entire patent system is simply dissolved. Patents are an artificial restriction on free trade that prevents competition and put profits in the pockets of the greedy undeserving.
      - worik 5y ago
        Patents have their uses. Trade secrets are worse. We should not through out the baby with the bathwater....
        krastanov 5y ago
        Are trade secrets really worse? My (uninformed, anecdotal, unsubstantiated) intuition is that reverse engineering, or even just the knowledge that something is possible, ensures that trade secrets are no barrier to progress. While patents definitely seem like a barrier.
wangarific 5y ago
This is amazing, you are awesome for doing this.
pbreit 5y ago
And see if you can interest Cloudflare: https://techcrunch.com/2021/04/26/cloudflare-rallies-the-troops-to-fight-off-another-so-called-patent-troll/ https://techcrunch.com/2021/04/26/cloudflare-rallies-the-tro...
meowface 5y ago
Thank you for your service.
MAMAMassakali 5y ago
You're super cool!! Also wanted to ask, how can a software guy get into IP law?
- PaulHoule 5y ago
  Get a law degree.
  - pbhjpbhj 5y ago
    Or work at a patent office (I only know of the USPTO that does plain software patents, there a thing everywhere but it's complicated) ...
- socks 5y ago
  As a software guy married to a lawyer, be careful what you wish for. The legal industry seems hell bent on inefficiency and fuzzy regulations.
durkie 5y ago
Can confirm! We got a patent troll lawsuit a few years ago as well, and were connected with a great pro-bono lawyer through EFF.
jbb_hn 5y ago
Thanks for helping to restore my faith in humanity.
gaws 5y ago
I'm blown away by your willingness to take on these cases pro bono. There are too many greedy lawyers out there who put money over people.
- p1necone 5y ago
  I wouldn't call it greedy in all cases. Hard to be altruistic when doing so would mean you couldn't pay your rent/bills.
- nuclearnice1 5y ago
  > There are too many greedy lawyers out there who put money over people. Name one
  - gaws 5y ago
    Google exists.
ItSaulGoodman 5y ago
No, you better call Saul! In all seriousness I hope you can deal with this lawsuit
zaphirplane 5y ago
I am interested in knowing why you do this for free (I’m assuming from context)

whynotkeithberg 5y ago

Awesome!! I hope you're able to help OP out if they call on you. Good luck to everyone who gets involved in this!

HiroProtagonist 5y ago

This is very cool and generous of you Andrew.

brodouevencode 5y ago

Good Guy ~Greg~ Andrew

jblake 5y ago

Wow, thanks Andrew! I sent you an email with the lawsuit. I look forward to hearing from you. What an amazing community!!

jblake 5y ago
I just spoke with Andrew and he was incredibly helpful and is going to help me out. Whew. Thank you Andrew and HN!!
- JGM_io 5y ago
  Some way the two of you can do a blog or soenthing outlining the main points when dealing with such a threat?
  - supernova87a 5y ago
    Agreed -- it would be a service to the community that helped connect them if they could share some approaches / advice for others in a future similar situation!
    - jblake 5y ago
      I could discuss it with Andrew, but every case will be unique and necessitate its own approach. If I could make one suggestion for anyone dealing with a software patent issue, from my crash-course, is to look into Alice (2014)[1] under Section 101, and review any similar cases, especially by the same entity. You can download case documents pretty cheaply and learn a lot. I paid like 15c a page, and seeing the docket is free. Take the curiosity you have for computers and apply it to the legal system. It's inputs and outputs. But don't go too deep and put your business on the bench. Move the needle a little each day but know you have some time and don't rush into any decisions. Ultimately it's not the end of the world and life will go on. [1]https://en.wikipedia.org/wiki/Alice_Corp._v._CLS_Bank_International https://en.wikipedia.org/wiki/Alice_Corp._v._CLS_Bank_Intern...
      - ajb 5y ago
        Also look at RECAP https://free.law/recap/ https://free.law/recap/
        JGM_io 5y ago
        Thx
      - JGM_io 5y ago
        Super, thx

kkielhofner 5y ago

Wow, this is fantastic information and an amazing offer!

RedditKon 5y ago

Good guy counsel

major505 5y ago

I'm curious. Can you counter sue a company like that? Since they do affect productive companies, that must be some law against that...

shmerl 5y ago
You'd think it should be a law against racketeering (something like RICO). Some tried to use that against patent trolls, but it didn't work.
- oh_sigh 5y ago
  As long as the patent is valid there is nothing racketeering about it.
  - shmerl 5y ago
    You can assume in the vast majority of cases patent trolls don't have valid patents. And if even if they are "valid", the patent system is so messed up, that they have to be invalid in reality. Trolls' method is exactly racketeering because it's extorting money using threat tactics. "You don't want something worse happening to you? Better pay up XYZ amount!". It's not going get much more classic protection racket than that. Except they threaten not with beating you up, but with you spending millions on court cases. I'd say trolls getting jail time for this garbage should be a good medicine for them.
    - oh_sigh 5y ago
      Without knowing the content of the patents(merely that they are valid) - would you be able to differentiate between a patent troll and someone with a great patent that wants their hard work licensed instead of taken for free?
      - coldpie 5y ago
        Who is taking anything for free? Do you think people go read through the patent database to get product ideas? If I create a product and bring it to market without any knowledge of your patent, why should I pay you just because you invented it earlier and then sat on it?

mraza007 5y ago

HN never fails to amazes me this is one of the best community where people from all backgrounds can take part in discussion And I wish all the best

ahmedalsudani 5y ago
Looking forward to the day a patent troll comments on a discussion
- ethbr0 5y ago
  People take enough cheap shots at adtech folks, when they offer their perspective. I assume the patent troll approach would be that they're returning value to their investors, while following the law as it stands.
  - treeman79 5y ago
    Was in adtech for awhile. Glad to be out of it. Lots of neat problems to solve. But yeah it was super creepy
  - silexia 5y ago
    I hope the entire patent system is simply dissolved. Patents are an artificial restriction on free trade that prevents competition and put profits in the pockets of the greedy undeserving.
    - worik 5y ago
      Patents have their uses. Trade secrets are worse. We should not through out the baby with the bathwater....
      - krastanov 5y ago
        Are trade secrets really worse? My (uninformed, anecdotal, unsubstantiated) intuition is that reverse engineering, or even just the knowledge that something is possible, ensures that trade secrets are no barrier to progress. While patents definitely seem like a barrier.

wangarific 5y ago

This is amazing, you are awesome for doing this.

pbreit 5y ago

And see if you can interest Cloudflare: https://techcrunch.com/2021/04/26/cloudflare-rallies-the-troops-to-fight-off-another-so-called-patent-troll/ https://techcrunch.com/2021/04/26/cloudflare-rallies-the-tro...

meowface 5y ago

Thank you for your service.

MAMAMassakali 5y ago

You're super cool!! Also wanted to ask, how can a software guy get into IP law?

PaulHoule 5y ago
Get a law degree.
- pbhjpbhj 5y ago
  Or work at a patent office (I only know of the USPTO that does plain software patents, there a thing everywhere but it's complicated) ...
socks 5y ago
As a software guy married to a lawyer, be careful what you wish for. The legal industry seems hell bent on inefficiency and fuzzy regulations.

durkie 5y ago

Can confirm! We got a patent troll lawsuit a few years ago as well, and were connected with a great pro-bono lawyer through EFF.

jbb_hn 5y ago

Thanks for helping to restore my faith in humanity.

gaws 5y ago

I'm blown away by your willingness to take on these cases pro bono. There are too many greedy lawyers out there who put money over people.

p1necone 5y ago
I wouldn't call it greedy in all cases. Hard to be altruistic when doing so would mean you couldn't pay your rent/bills.
nuclearnice1 5y ago
> There are too many greedy lawyers out there who put money over people. Name one
- gaws 5y ago
  Google exists.

ItSaulGoodman 5y ago

No, you better call Saul! In all seriousness I hope you can deal with this lawsuit

zaphirplane 5y ago

I am interested in knowing why you do this for free (I’m assuming from context)