4 ms·
Perhaps a solution to this would be a Kickstarter like anti patent troll site. Patent trolls usually go after smaller businesses at first, businesses who could
by x0054 11y ago
Perhaps a solution to this would be a Kickstarter like anti patent troll site. Patent trolls usually go after smaller businesses at first, businesses who could not possibly afford to fight, even if they wanted. The site would allow a business to post their legal case online, and other businesses who face similar exposure, could contribute to the defense fund.
The "perk" of contributing would be that you would get access to all of the expert witness prepared statements and legal work, so if a patent troll comes after you next, you would have a lot of your defense work already done for you. Plus, once the patent troll looses a case, especially on appeal, that decision can be used as precedent.
- akshat_h 11y agoThis seems like a decent idea. Wonder what the lawyers have to say about it though?
- greenNote 11y agoSeems like an insurance policy, except that you get access to the details of past settled cases. Could I not just join as soon as I get served a notice?
- x0054 11y agoYou know how they say that the best defense is a good offense. Well, this is the same concept. Sure, you can join the defense fund at any time, but by joining early, and putting up a good fight, you are helping to make sure that you your self will never get served. By joining the fund you are also sending a message to the troll that you are willing to fight, which makes you a harder target.
- tux1968 11y agohttps://en.wikipedia.org/wiki/Open_Invention_Network https://en.wikipedia.org/wiki/Open_Invention_Network
- notahacker 11y agoAlso valuable, but as I understand it the OP's solution is applicable specifically to companies that have actually received C&Ds and suspect there are others [about to be] on the end of a similar shakedown which might have an interest in pooling defence teams.
- ScottBurson 11y agoThis is an intriguing idea, but I think it would have a big marketing problem. Most of the people who are at risk of being sued by a patent troll aren't aware of that risk, or so I imagine. Maybe that's changing as the problem gets more press, but I still think the necessary outreach would be difficult.
- deleted 11y ago[deleted]
- notahacker 11y agoLawyers specialising in handling IP cases would probably have an interest in such a service though; potentially far more work for them than agreeing with the client that settling probably is the cheapest option. Insurers underwriting intellectual property liability insurance (it exists!) also have a very strong incentive to encourage, or even require their clients to use such a service. And for some non-software industries many firms might have a pretty good idea which competitors/suppliers/clients of theirs are likely to be threatened by the same patent.