The problem is that patents are always being granted for ideas/processes that are already being done. Adding to this problem, the patents are worded obscurely. As a result of this dysfunctional patent system, most of these troll lawsuits end in settlements under non-disclosure agreements. Unfortunately, this means we never find out what the terms of the litigation were. Patents trolls use this to their benefit since they can go on and tell others that they won.
Drew Curtis tells us that the average patent troll defense costs roughly $2 million and over 18 months if you WIN.
Curtis actually realized that Fark.com was NOT in violation of this patent and intended to go on and help the other companies Gooseberry was attacking, but they were all settling!
Curtis' advice on fighting a patent litigation is:
- Don't fight the patent, fight the infringement
- Make it clear from the beginning that either you have no money or that you would rather spend your money fighting the troll
- Reinforce that you will make the process as annoying as possible
Hi,
ReplyDeleteGreat pot about Curtis beating the patent troll! I liked his advice a lot and thought it was very applicable to our class since we talked about patent trolls a lot.
Hey great summary of Curtis ted talk. I also watched this talk and its crazy that patent troll defense costs so much.
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