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So how would someone go through the process of invalidating patents like this? I assume that there's no easy or cheap way otherwise the eff would have already d
by Flux159 3y ago
So how would someone go through the process of invalidating patents like this? I assume that there's no easy or cheap way otherwise the eff would have already done it.
Another post mentions spending $500k for an IPR to invalidate - would that be the only way, limiting it to only well funded startups or larger established companies?
- analog31 3y agoI'm not a lawyer, but I have several patents and get involved as an internal technical expert in investigating IP issues with my employer. None of this is actual advice: There are multiple levels of engagement. The simplest is simply to ignore the patent and take the risk. You can get an independent lawyer to write a finding that the patent is invalid for reasons X, Y, and Z. What this does is to insulate you from treble damages. There is a formal process for requesting invalidation, but it requires starting with the confidence that the patent is invalid (or a lot of money to waste, or both), and those things are usually enough to justify either of the two above options. Situations where it makes sense to request formal invalidation seem to be rare. You can wait until you get sued, and counter with an invalidation action. I don't think you can DIY any of this. Especially, the rules for what is "obvious" and what actually counts as prior art, are complicated and it's easy to be wrong.
- AlbertCory 3y agoBeing known for filing IPRs makes you a "hard target." The trolls will avoid targeting you until they've built up a war chest by settling with all the soft targets.
- abduhl 3y ago>> What this does is to insulate you from treble damages. This is a dangerous suggestion. Using advice of counsel as a defense to willful infringement is not always successful, and this would be especially true if counsel’s advice is that the patent should be invalidated (rather than your technology not infringing).
- analog31 3y agoYes, thanks for that comment. As a relative layperson, I would describe all of this as dangerous territory.
- barapa 3y agoThanks for the advice!
- deleted 3y ago[deleted]
- AlbertCory 3y agothat's the standard defense we used at Google. It's like a trial but without a courtroom. Briefs and answering briefs. Not for amateurs.