TrollingEffects.org To Help Potential Victims of Patent Trolls

First time accepted submitter kdataman writes "The EFF has helped launch a new site to help the potential victims of patent trolling. It is called TrollingEffects.org and is designed to parallel the way ChillingEffects.org helps those getting DMCA letters. The idea is to educate the targets and help them work together for a more cost-effective defense."

Re:Why so long?

[Millygoat]

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 lawyer and/or research attorney comes in handy.

Seriously though, if you ever feel your lawyer isn't on your side, it is time to get a new lawyer. The nature of the lawyer/client relationship is such that you should always feel he is putting you first.