I generally support the fight against patent trolls, yet one of my biggest frustrations is that way too frequently the nature of discussion online regarding thi

I generally support the fight against patent trolls, yet one of my biggest frustrations is that way too frequently the nature of discussion online regarding this issue obscures or even hinders substantive legal discussion about ways to actually reform the patent system. Unfortunately, it seems as if there is some of that going on here. Lost among all the valid criticism of Lodsys in the linked article is the actual motion to dismiss their claim. Rather than take the opportunity to challenge Lodsys' patent on validity grounds, which is what would really be needed to push meaningful reform, the author's attorney has chosen to pursue relatively unimportant civil procedure and state law defenses that seem a) unlikely to succeed (although IANYL) and that b) will do absolutely nothing to affect the state of patent law in this country either way. The defendant here isn't paying the "troll toll" because he doesn't want to cough up that money and believes he's in the right. Many of us probably agree with that belief. But it seems a bit disingenuous to write an article championing patent reform yet explicitly avoid the opportunity to take a real stand on that issue all while asking others to put their skin in the game to fight the good fight. Perhaps my time in IP law has left me cynical, so I've asked the author in his comments to address this and I'll update this post if he responds...