How to beat a patent troll.
Don’t negotiate with terrorists.
Patent Trolls Eat Startups First. Here’s What You Can Do About It
The author of this: A Patent Troll Wants to Charge You for Emailing Your Scans!, also writes for Network World.
The patent trolls are, in effect, completely legal financial terrorists.
According to James Bessen, the costs of patent litigation exceed their investment value in all industries except chemistry and pharmaceuticals. For example, in the software industry, litigation costs are twice the investment value.
Comments
2 responses to “Patent Trolls”
Note that copyright trolls are doing their best to do the same (see Getty). Use public domain images only – and if Getty does sue you for an infringement, ask them for THEIR proof of copyright. (You won’t get it, but they’ll go away and send your “case” to a “we’ll buy it for 1 cent on the dollar” collection agency.
First, it shouldn’t cost 2Million. Don’t high a big NYC or Cal firm. You can get counsel for much less than that.
Second, don’t fight on their terms. Use reexams and inter partes review to stop their litigation and fight on favorable turf.
Third, the burden of proof is on the patent holder not the defendant.
Sounds like he could have been better represented.