Forgot your password?
typodupeerror
This discussion has been archived. No new comments can be posted.

TrollingEffects.org To Help Potential Victims of Patent Trolls

Comments Filter:
  • Why so long? (Score:5, Insightful)

    by DavidClarkeHR (2769805) <david DOT clarke AT hrgeneralist DOT ca> on Sunday August 11, 2013 @07:09PM (#44538339)
    Having documents that help either side present an appropriate (and balanced) defense in court should be part of the process. I'm not advocating for bigger government directly, but I think that simplifying the system and making it more accessible to people would promote democracy in a way that capitalism no longer does ... and that sort of reform is going to be painful, expensive and require a lot of advocacy in the interim.

    Thanks to the EFF doing their part in promoting real freedom.
    • Re:Why so long? (Score:5, Insightful)

      by ShanghaiBill (739463) on Sunday August 11, 2013 @07:48PM (#44538543)

      Having documents that help either side present an appropriate (and balanced) defense in court should be part of the process.

      By the time you go to court it is too late. If you are naive and inexperienced, you will have already spent thousands or tens of thousands on attorney fees before the courts get involved.

      I have received about a dozen letters from patent trolls over the years, primarily from Acacia Research [wikipedia.org], but also a few others. In every case, I read the letter carefully, considered the best course of action, and then decided to ignore it. I then put each letter in a filing cabinet, and never responded to any of them. In some cases I received a followup letter, with I also ignored.

      Here are some tips:
      1. You are under no obligation to respond to a letter. You are only required to respond to a legal summons that is properly served.
      2. Patent trolls tend to shotgun out threatening letters, so if you receive one, it doesn't mean they actually think you are infringing. Most likely they are just fishing for suckers.
      3. Your lawyer is NOT on your side. His goal is to milk you for as much as he can get. Think carefully about even getting a lawyer invovled. If you do, listen to the advice, but make your own decisions.
      4. If you are actually sued, get the word out and try to locate other defendants. You can team up to find prior art, shared information, share defense strategies, and maybe even convince the court to combine the lawsuits, which can save you money.

      • Creating a tool here (www.amberscope.com) that can help with finding prior art, it's free, and in some cases can work very well. (Simply put, enter the patent number you have been threatened with, and any arrows pointing to it are prior are, the thicker the arrow, the more similar the two patents, the larger the dot, the more important the prior art patent.)
        • by pepty (1976012)

          Very Nice!

          Can the graphing tool be used to present information about a group of related patents you've already found, say as part of a patent landscape analysis?

      • Re: (Score:3, Informative)

        by Millygoat (2807609)

        Having documents that help either side present an appropriate (and balanced) defense in court should be part of the process.

        By the time you go to court it is too late. If you are naive and inexperienced, you will have already spent thousands or tens of thousands on attorney fees before the courts get involved.

        I have received about a dozen letters from patent trolls over the years, primarily from Acacia Research [wikipedia.org], but also a few others. In every case, I read the letter carefully, considered the best course of action, and then decided to ignore it. I then put each letter in a filing cabinet, and never responded to any of them. In some cases I received a followup letter, with I also ignored.

        Here are some tips: 1. You are under no obligation to respond to a letter. You are only required to respond to a legal summons that is properly served. 2. Patent trolls tend to shotgun out threatening letters, so if you receive one, it doesn't mean they actually think you are infringing. Most likely they are just fishing for suckers. 3. Your lawyer is NOT on your side. His goal is to milk you for as much as he can get. Think carefully about even getting a lawyer invovled. If you do, listen to the advice, but make your own decisions. 4. If you are actually sued, get the word out and try to locate other defendants. You can team up to find prior art, shared information, share defense strategies, and maybe even convince the court to combine the lawsuits, which can save you money.

        I tend to disagree with your lawyer not being on your side, if that is the case you really need to find a better lawyer. As a patent lawyer myself, I tend to give the same advice you just gave though, a letter alone isn't something requiring an inordinate amount of panic, wait till someone files suit, then get worried.

        If you do get a notice of infringement letter, it's a good time to take stock and do some research and see if you do have any potential liability dangers, which is where a good patent law

  • by Sigma 7 (266129) on Sunday August 11, 2013 @10:56PM (#44539201)

    A quick check on that site, and the patent with the most letters (https://trollingeffects.org/patent/6587473) is a patent on dial-up internet. Proven by looking into the patent and seeing all those PPP references, and seeing all physical modem components being stuffed in the patent.

    So, ISPs (from all over) unknowingly violate a patent for behaving normally.

    • A quick check on that site, and the patent with the most letters (https://trollingeffects.org/patent/6587473) is a patent on dial-up internet. Proven by looking into the patent and seeing all those PPP references, and seeing all physical modem components being stuffed in the patent.

      So, ISPs (from all over) unknowingly violate a patent for behaving normally.

      Looking at this patent (https://www.google.com/patents/US8337359?dq=hybrid+gas+electric+car+toyota&hl=en&sa=X&ei=p_0IUvnzDILp2QXVuYGgAw&ved=0CEoQ6AEwAw), it's a patent on a car. Proven by looking into the patent and seeing all of those mentions of vehicles and seeing discussions of internal combustion engines being stuffed in the patent. So every car out there unknowingly violates a patent for behaving normally.

      ... except it doesn't work like that. That patent linked above is a patent on an

      • by Sigma 7 (266129)

        35 USC 101 - whoever invents a new and useful process, machine, manufacture, composition of matter, or any new and useful improvement thereof, may obtain a patent therefor. So, the question isn't "does that Lodsys patent include PPP references or discuss physical modem components", but "is it claiming an improvement on existing PPP modem technology?"

        Ah, that makes a lot of sense. Basically, patents only need to be an improvement over a process.

        Concerning the car engine patent - the summary does give infor

        • Ah, that makes a lot of sense. Basically, patents only need to be an improvement over a process.

          Yep. In general, almost everything is an improvement on something else. An airplane? That's really just a flying car, which itself is just a horseless carriage, which is really a landboat. Doesn't mean that a raft anticipates the space shuttle, though.

          As for their demand letter... they say that 802.11 is a violation of the patent, being a bidirectional communication path, and information is sent to the modem. This is incorrect - 802.11 wireless is actually omnidirectional, due to the ease of listening in to the conversaion (e.g. FireSheep, Aircrack-ng). Further, their patent is more specific to physical connections rather than wireless.

          Without looking in depth at the patent, I believe you're using a different definition for "directional"... They're talking about bidirectional communications over a single path via half-duplex timing, not whether those communications follow a specific geometri

The flow chart is a most thoroughly oversold piece of program documentation. -- Frederick Brooks, "The Mythical Man Month"

Working...