Previous in Forum: Atomic Clock - Wrong Time   Next in Forum: Ventilation System for Closed Containers
Close
Close
Close
13 comments
Guru
Engineering Fields - Optical Engineering - Member Engineering Fields - Engineering Physics - Member Engineering Fields - Systems Engineering - Member

Join Date: Apr 2010
Location: Trantor
Posts: 5363
Good Answers: 646

Patent Troll Loses; Has to Pay

06/02/2014 8:30 PM

It's about time. With some new legislation in place, companies who've been threatened by patent trolls are able to fight back and force the patent troll to pay the expenses of the legal battle.

In many cases, like this one, the patent(s) owned by the troll have nothing to do with a company's intellectual property. The point of the troll's threat is to get money in lieu of a protracted legal battle - which in the past many companies have paid, knowing the threat was phony but also knowing it was cheaper and quicker to pay the bogus fee rather than waste time and money in a lawsuit.

In this case the company FindTheBest fought back against the troll and won, and now the troll will have to pay all the expenses that FindThe Best incurred in preparing for, and fighting, the lawsuit. It could be a very expensive day for the troll.

Here's a link to the story:

http://arstechnica.com/tech-policy/2014/06/its-payback-time-as-findthebest-wrests-legal-fees-from-patent-troll/

__________________
Whiskey, women -- and astrophysics. Because sometimes a problem can't be solved with just whiskey and women.
Register to Reply
Interested in this topic? By joining CR4 you can "subscribe" to
this discussion and receive notification when new comments are added.

Comments rated to be "almost" Good Answers:

Check out these comments that don't yet have enough votes to be "official" good answers and, if you agree with them, rate them!
Guru

Join Date: Oct 2008
Posts: 42294
Good Answers: 1663
#1

Re: Patent troll loses; has to pay

06/02/2014 8:36 PM

Register to Reply Score 1 for Good Answer
Guru
New Zealand - Member - Kiwi Popular Science - Weaponology - New Member Engineering Fields - Power Engineering - New Member Engineering Fields - Electrical Engineering - New Member

Join Date: Sep 2006
Location: Auckland, New Zealand
Posts: 8778
Good Answers: 376
#2

Re: Patent Troll Loses; Has to Pay

06/02/2014 9:13 PM

A scam's a scam, no matter how high tech or how much you dress it up.

At least with patent scams if you call the troll's bluff. They have to put up or shut up and lose their most valuable weapon - that of anonymity.

It isn't as common to fight back (especially if you don't know who the scammer is), but it happens. http://www.wired.com/2014/05/dfwtbj/.

__________________
jack of all trades
Register to Reply
Guru

Join Date: Apr 2008
Location: Chicago
Posts: 3989
Good Answers: 144
#3

Re: Patent Troll Loses; Has to Pay

06/02/2014 9:47 PM

It's hard to see it as a victory for anybody but the lawyers. The ceo had a million to back up his lawsuit.. how nice for him, but that's money he shouldn't have to use on baseless lawyering. The trolls shouldn't be able to get that ball rolling. The criminal justice system allows justice for for the criminals.

__________________
High Tolerance is Beautiful
Register to Reply
Guru
Hobbies - CNC - New Member Hobbies - DIY Welding - New Member Engineering Fields - Electromechanical Engineering - New Member

Join Date: Aug 2007
Posts: 22874
Good Answers: 415
#4
In reply to #3

Re: Patent Troll Loses; Has to Pay

06/04/2014 8:23 AM

Victim: "I have a patent Troll that demand $50,000.00 or they will take me to court......"

Attorney, "Just pay him, it will be a lot Cheaper instead of having a long, expensive, drawn out court case."

Victim: "But it's all BS."

Attorney: "It's just too difficult to fight. These trolls are just POS low lifes looking to make a quick and easy buck"

Victim" "OK"

Attorney: "That will be $2500.00 please"

Victim: "For what?"

Attorney: "Why legal consultation of course."

__________________
“ When people get what they want, they are often surprised when they get what they deserve " - James Wood
Register to Reply
Guru
Popular Science - Weaponology - New Member Engineering Fields - Engineering Physics - New Member Engineering Fields - Nuclear Engineering - New Member

Join Date: Dec 2007
Location: No. VA, USA (No, it does NOTu mean "won't go"!)
Posts: 1791
Good Answers: 75
#5
In reply to #3

Re: Patent Troll Loses; Has to Pay

06/04/2014 12:17 PM

Granting that the troll shouldn't even FEEL like he has a leg to stand on, past law has been the cause of the current situation, in which a deep-pockets and somewhat unscrupulous company can take advantage of the economic weakness of the little guy, because the deep-pockets can buy a lawyer up front, and the little guy can't afford a lawyer at all.

This changes the game, in that lawyers who know the patent law game will now be much more likely to take on a client on a contingency basis (the lawyer gets paid IF he wins, and according to the amount the court awards, but gets nothing, or a severely reduced payment, if he loses) and the ability of the deep pockets guy to win on a threat (Say what? I can't afford to fight, but I can afford to pay up to get him off my back.) is limited, since this precedent makes it more likely that his threat will be called for the bluff it is, and he'll wind up paying double costs for wasting the court's time.

Win both ways, because fewer of these cases will be brought in the first place, and fewer payments to the patent trolls will result in the whole process not being worth it.

It should never have come to this, but at least this is one court that is moving to fix a severely bruised, if not broken, system.

__________________
Been away a while. Miss all my old friends. Some of you I KNOW are still around. Where are the rest?
Register to Reply
Guru
Hobbies - CNC - New Member Hobbies - DIY Welding - New Member Engineering Fields - Electromechanical Engineering - New Member

Join Date: Aug 2007
Posts: 22874
Good Answers: 415
#6
In reply to #5

Re: Patent Troll Loses; Has to Pay

06/04/2014 12:35 PM

this may bring in more lobbyists from the legal industry to change that.

If I recall, there is a high number of attorneys coming into practice that the industry can support the way it is.

__________________
“ When people get what they want, they are often surprised when they get what they deserve " - James Wood
Register to Reply
Guru
Popular Science - Weaponology - New Member Engineering Fields - Engineering Physics - New Member Engineering Fields - Nuclear Engineering - New Member

Join Date: Dec 2007
Location: No. VA, USA (No, it does NOTu mean "won't go"!)
Posts: 1791
Good Answers: 75
#7
In reply to #6

Re: Patent Troll Loses; Has to Pay

06/04/2014 12:52 PM

Well, I don't remember who said it, but when it comes to fixing problems of law, it's "first, we shoot all the lawyers".

We have too many, I agree. But we also need law to be spoken in plain english, so that those of us who are NOT lawyers can hold the feet of those who are to the fires of honesty. I know, you are now saying, "Lawyers and honesty in the same sentence? What's he been smoking?", but that is a huge part of the problem, IMHO. Lawyers are NOT held to honesty, and when a lawyer talks about being a sworn officer of the court, I'm sure Policemen must roll their eyes so hard they lock back in their heads.

But the fix for this, as the fix for bad politicians, is for the "Stupid, Uninformed, Ignorant PEOPLE" (for this read, "All those who couldn't afford, nor stomach, law-school and the Good Old Boys at the bar") to stand up and be heard, regardless of the disdain of the entire legal system for the people for whom it works is supposed to work.

The power in America, according to our Constitution, resides with the People, after all. NOT with the lawyers and politicians.

__________________
Been away a while. Miss all my old friends. Some of you I KNOW are still around. Where are the rest?
Register to Reply
Guru
Hobbies - CNC - New Member Hobbies - DIY Welding - New Member Engineering Fields - Electromechanical Engineering - New Member

Join Date: Aug 2007
Posts: 22874
Good Answers: 415
#8
In reply to #7

Re: Patent Troll Loses; Has to Pay

06/04/2014 1:18 PM

Who said it......... Shakespeare I believe..... and I agree.

And as for as law to spoken in plain English......... there is a reason what they use Latin, and that is that it's a dead language........ while English meaning of words evolves.

By the way, there are good attorneys,......... also.

__________________
“ When people get what they want, they are often surprised when they get what they deserve " - James Wood
Register to Reply
Guru
Popular Science - Weaponology - New Member Engineering Fields - Engineering Physics - New Member Engineering Fields - Nuclear Engineering - New Member

Join Date: Dec 2007
Location: No. VA, USA (No, it does NOTu mean "won't go"!)
Posts: 1791
Good Answers: 75
#9
In reply to #8

Re: Patent Troll Loses; Has to Pay

06/04/2014 6:13 PM

"By the way, there are good attorneys,......... also."

Some are my friends, and you should hear what THEY say about attorneys!

But, point taken.

__________________
Been away a while. Miss all my old friends. Some of you I KNOW are still around. Where are the rest?
Register to Reply
Guru
Engineering Fields - Electrical Engineering - New Member Fans of Old Computers - Commodore 64 - New Member Popular Science - Evolution - New Member United States - Member - New Member

Join Date: Oct 2013
Location: Illinois, 7 county region (The 'blue dot' that drags the rest of the 'red state' around during presidential elections.)
Posts: 3688
Good Answers: 89
#10
In reply to #9

Re: Patent Troll Loses; Has to Pay

06/05/2014 9:26 AM

I also know some attorneys personally, and when it comes to the public image of layers, they have the following statement:

"99 percent of all attorneys ... give the rest a bad name."

__________________
( The opinions espressed in this post may not reflect the true opinions of the poster, and may not reflect commonly accepted versions of reality. ) (If you are wondering: yes, I DO hope to live to be as old as my jokes.)
Register to Reply
Guru
Popular Science - Weaponology - New Member Engineering Fields - Engineering Physics - New Member Engineering Fields - Nuclear Engineering - New Member

Join Date: Dec 2007
Location: No. VA, USA (No, it does NOTu mean "won't go"!)
Posts: 1791
Good Answers: 75
#11
In reply to #10

Re: Patent Troll Loses; Has to Pay

06/05/2014 11:47 AM

YEP. I've never seen any profession more dedicate to collecting jokes about its own horrid behavior.

Which reminds me of the story one of my friends told about a visitor to Bangkok, who got lost in the markets near a major canal, while shopping.

He had purchased a large bronze rat, and the proprietor had tried to sell him "the story" about the rat, also.

In fact, the rat only cost about 10 Baht, while the story was another 100, and the proprietor was most insistent. The shopper finally escaped with the bronze rat, only to find himself pursued by a vast and increasing sea of live rats.

Panicked, and finding himself trapped on the docks of the canal, he did the only thing he could think of. He flung the bronze rat as far as possible into the Khlong, to see the ocean of live rats that had chased him dive in after it, and drown.

Inspired, he spent another week finding the shop from which he'd bought the rat. The proprietor, delighted to see him return, immediately picked up his refrain, attempting to sell "the story".

The shopper stopped him cold, exclaiming "Forget the blamed story, I want to buy a bronze LAWYER!"

__________________
Been away a while. Miss all my old friends. Some of you I KNOW are still around. Where are the rest?
Register to Reply
Guru

Join Date: Oct 2008
Posts: 42294
Good Answers: 1663
#12

Re: Patent Troll Loses; Has to Pay

06/05/2014 11:50 AM

A guy goes into his attorney's office.

Guy, "Can I ask you two questions?"

Lawyer, "Sure. What's the second one?"

Register to Reply Score 1 for Good Answer
Guru
Hobbies - CNC - New Member Hobbies - DIY Welding - New Member Engineering Fields - Electromechanical Engineering - New Member

Join Date: Aug 2007
Posts: 22874
Good Answers: 415
#13
In reply to #12

Re: Patent Troll Loses; Has to Pay

06/05/2014 12:04 PM

Guy, "What?"

Lawyer, "I said, "Sure. What's the second one?' ., that'll be $2500.00"

__________________
“ When people get what they want, they are often surprised when they get what they deserve " - James Wood
Register to Reply Score 1 for Good Answer
Register to Reply 13 comments
Interested in this topic? By joining CR4 you can "subscribe" to
this discussion and receive notification when new comments are added.

Comments rated to be "almost" Good Answers:

Check out these comments that don't yet have enough votes to be "official" good answers and, if you agree with them, rate them!
Copy to Clipboard

Users who posted comments:

adreasler (1); jack of all trades (1); JE in Chicago (1); lyn (2); micahd02 (4); phoenix911 (4)

Previous in Forum: Atomic Clock - Wrong Time   Next in Forum: Ventilation System for Closed Containers

Advertisement