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Can anyone offer advice on the best response from a small business that is sent a letter from a troll like this? Particularly since in this case it sounds like

Can anyone offer advice on the best response from a small business that is sent a letter from a troll like this? Particularly since in this case it sounds like the patents themselves are valid, but have been licensed by the tech provider - how should end users protect themselves? I realize there are plenty of rants against these practices available to read in many forums, but given the progression of this case, what options are available to the defendants?

shmerl 14y ago
You should probably consult a lawyer who deals with defense against such patent racket. But one practical approach could be to pool resources with others who were threatened by them. Most racket victims don't have enough resources to fight on their own, but if they unite - it can be easier to fight back. Trolls usually threaten many parties, so you should research who else is affected and contact them to build your common course of action. Validity of patents requires research, even if you think they are "valid" it doesn't mean they are really valid. If prior art exists - the patent can be busted. But research requires time and resources, and that's where pooling can help if you have many interested parties united.
socalnate1 14y ago
Ignore it. They send thousands of letters for the same reasons e-mail spammers do, they anticipate a huge percentage of people to ignore them, lose the letter, have no money, etc. Be a part of that group. This doesn't help the societal problem, but unless you're a well known company and/or have very deep pockets, your best bet is to just ignore the letters.
- dpark 14y ago
  That really depends on what kind of letter you get. If you ignore an actual lawsuit, you may find a judge ruling in default against you, which is what the article mentions at the bottom. > A few days after Holderman's order came out, Innovatio lawyers filed a lengthy series of notices regarding the dozens of hotels it is preparing to ask for a "default judgment" against, which suggests those hotels haven't yet defended themselves against the infringement allegations. Now there's a hearing approaching next week, on February 21, and Innovatio has put the hotels on notice that it intends to ask for judgments against them of $5,000 each.
caf 14y ago
I would contact the manufacturer of WiFi hardware - it's in their interest to assist their customers in defending these suits.
- genwin 14y ago
  The manufacturers were the ones who brought up the RICO case. They lost in court. The judge effectively ruled that users are liable for patent infringement.
  - caf 14y ago
    As I understand it, the implication of the judge's ruling is simply that the users must defend the individual suits on the merits of the patent claim itself. There are still many defences available to the users, and the manufacturers have an interest in assisting the users in mounting those defences.
    - genwin 14y ago
      Agreed. Crazy judge. Imagine you buy a new laptop and then get served by a dozen patent trolls requiring your presence in courts in a dozen different states.
gamblor956 14y ago
You would contact your Wifi product manufacturer about the lawsuit threat. If you are sued by the troll, you would then implead said manufacturer as a co-defendant or third-party defendant to the lawsuit.

shmerl 14y ago

You should probably consult a lawyer who deals with defense against such patent racket. But one practical approach could be to pool resources with others who were threatened by them. Most racket victims don't have enough resources to fight on their own, but if they unite - it can be easier to fight back. Trolls usually threaten many parties, so you should research who else is affected and contact them to build your common course of action. Validity of patents requires research, even if you think they are "valid" it doesn't mean they are really valid. If prior art exists - the patent can be busted. But research requires time and resources, and that's where pooling can help if you have many interested parties united.

socalnate1 14y ago

Ignore it. They send thousands of letters for the same reasons e-mail spammers do, they anticipate a huge percentage of people to ignore them, lose the letter, have no money, etc. Be a part of that group. This doesn't help the societal problem, but unless you're a well known company and/or have very deep pockets, your best bet is to just ignore the letters.

dpark 14y ago
That really depends on what kind of letter you get. If you ignore an actual lawsuit, you may find a judge ruling in default against you, which is what the article mentions at the bottom. > A few days after Holderman's order came out, Innovatio lawyers filed a lengthy series of notices regarding the dozens of hotels it is preparing to ask for a "default judgment" against, which suggests those hotels haven't yet defended themselves against the infringement allegations. Now there's a hearing approaching next week, on February 21, and Innovatio has put the hotels on notice that it intends to ask for judgments against them of $5,000 each.

caf 14y ago

I would contact the manufacturer of WiFi hardware - it's in their interest to assist their customers in defending these suits.

genwin 14y ago
The manufacturers were the ones who brought up the RICO case. They lost in court. The judge effectively ruled that users are liable for patent infringement.
- caf 14y ago
  As I understand it, the implication of the judge's ruling is simply that the users must defend the individual suits on the merits of the patent claim itself. There are still many defences available to the users, and the manufacturers have an interest in assisting the users in mounting those defences.
  - genwin 14y ago
    Agreed. Crazy judge. Imagine you buy a new laptop and then get served by a dozen patent trolls requiring your presence in courts in a dozen different states.

gamblor956 14y ago

You would contact your Wifi product manufacturer about the lawsuit threat. If you are sued by the troll, you would then implead said manufacturer as a co-defendant or third-party defendant to the lawsuit.