I Beat A Patent Troll And You Can Too
Posted by Zenphamy 10 years, 1 month ago to Technology
So, I responded to their demand that we pay up or shut down with this:
Without knowing anything about the legitimacy of either side of this particular patent battle, I found this story pretty amusing as well as a good Objectivist lesson.
"Dear Piece of Sh*t,
We are currently in the process of retaining counsel and investigating this matter. As a result, we will not be able to meet your Friday deadline. After reviewing this matter with our counsel, we will provide a prompt response.
I will pray tonight that karma is real, and that you are its worthy recipient,
Chris
While my wording may have been extreme, the message got through. Needless to say, we quickly found ourselves in federal court. They asked to settle, and I told them my offer was $0 and they would need to license their entire patent portfolio to all other startups, or we would go on the offensive and invalidate their entire intellectual property portfolio"
Without knowing anything about the legitimacy of either side of this particular patent battle, I found this story pretty amusing as well as a good Objectivist lesson.
"Dear Piece of Sh*t,
We are currently in the process of retaining counsel and investigating this matter. As a result, we will not be able to meet your Friday deadline. After reviewing this matter with our counsel, we will provide a prompt response.
I will pray tonight that karma is real, and that you are its worthy recipient,
Chris
While my wording may have been extreme, the message got through. Needless to say, we quickly found ourselves in federal court. They asked to settle, and I told them my offer was $0 and they would need to license their entire patent portfolio to all other startups, or we would go on the offensive and invalidate their entire intellectual property portfolio"
Previous comments... You are currently on page 2.
Let's start with some other facts. The richest, most free, and the most technological advanced and the countries that create the overwhelming bulk of new technologies have the strongest patent laws. When you have some real facts come back.
If you want evidence and/or examples, start at eff.org or publicknowledge.org.
This IRS threat scam is very common and has unfortunately fooled a lot of people into paying thousands of dollars, probably because the scam so well fits the character of the IRS that it sounds plausible.
Honest or not, telemarketers are required to check their phone lists against the national list of those who have signed up on the 'do not call' list to not be harassed, but they routinely ignore it. Local police do nothing about these telephone scams and the FTC is slow to go after violators of the 'do not call' list, but you can sign up for the NoMoRobo service, which works with most telephone carriers like an anti-spam blacklist and reporting system: http://www.nomorobo.com/ It's a lot easier than trying to track them down yourself.
Nomorobo intercepts your incoming calls in parallel with your own telephone. It the source is on the blacklist your phone rings once and stops. If a spam caller gets through, you submit the caller ID number to Nomorobo for future blocking and automatic repeat reporting to the FTC.
With this system and reporting for new harassers we now get get dramatically fewer spam calls -- including elimination of the repetitious IRS threat scam Woodlema described. Like email spammers who avoid targets who report them to blacklists, the phone scammers seem to be doing their own filtering to stay out of trouble and mostly leave you alone when they figure out that you are defending yourself, even when they otherwise ignore the 'do not call' list.
Example 1 has to be the plaintiffs in SCO v. Linux, as well as a certain billionaire competitor who everyone knows was bankrolling them.
Check out woodlema's post below.
I read it four hours after he posted here.
The legal system is a mess and it is absurd to suggest that patents are anywhere near the top of any list of things that need to be reformed.
I remained firm even with a lot of shin kicks under the settlement conference tables from my attorneys for my oral responses (not written), and eventually the agencies caved in both cases. It cost quite a bit of money, but the settlement offers set precedence that offered future harm to my company and several others nationwide working in my field, which had ben the entire intent of bringing the actions. So my empathy lies with the guy being charged and I don't intend that there is any similarity between this case and mine.
My argument is not against patent law or honest actions, its the misuse of the system.
"I will pray tonight that karma is real, and that you are its worthy recipient"
Words as weapons....
There you go. Injecting reason into a feeling world. :)
1. The guy had just gotten money for his company.
2.Some clown collection with no staff, and a mansion in Fla preys on such situations, after having bought as many little useless patents as they could so that anything related to a pancake (such as butter) is an infringement.
3.They had some shark bait lawyers who they probably have a deal with to share the profits so they don't have to pay the ridiculous hourly fees
4. They knocked their little peckers in the dirt, taking minor damage in return.
Having sued my dumb ass neighbor with 275 alpacas on 3 acres and never picked up any manure in 3 years for a nuisance, and getting 138 K in awards (which now I am blowing more money on a useless BK attorney after he fraudulently filed), I can sympathize with the whole thing.
This is just another form of looting. Imagine GM suing Galt because he made an engine. That is where I see this mess. Good for them!
Until there is some REAL tort reform that address the frivolous and the outright fraudulent cases providing some significant penalty for fraud, I seriously question just about any claim made, especially when it does not pass the smell test. I just got 50 million today and tomorrow I am getting sued. The smell test is a good gauge, and common sense is generally pretty accurate..
CTYankee poses an interesting conundrum. Looking for infringement that is justified...possibly. think about the guy who invented the intermittent windshield wiper, and the guy who invented texting.
Or how Microsoft outright STOLE the methods from Digital Equipment to make Windows NT clustering work. All legitimate.
But when someone is using vague, subtle ways to sue, when there is no real connection, especially when the first course of action is to sue, that is when I question things seriously.
The "Troll" in the example above, would have been much better served by directly approaching Chris and discussing their perception of the perceived infringement. Probably could have avoided the entire court battle. But when you look at the guy, big mansion no employees, just a holding company and a layer on retainer. Smells like troll to me.
Load more comments...