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My Encounter With a Patent Troll

45 pointsby spiredigitalalmost 13 years ago

7 comments

spiredigitalalmost 13 years ago
It's a sad state of events when any small merchant using popular shopping cart software can be harassed and bullied by trolls. I ended up writing my two Senators and House Representative (yep, single Representative. That's Montana for you!) in the hope we'll see real patent reform in the future.<p>For a more "news like" account of the case, with background and comment from the troll's attorney, see below:<p><a href="http://www.ecommercefuel.com/ecommerce-patent-dispute/" rel="nofollow">http://www.ecommercefuel.com/ecommerce-patent-dispute/</a>
naneralmost 13 years ago
So when is someone going to start a company offering small startups patent troll insurance? Obviously, Congress isn't going to fix anything. Other solutions need to be explored.
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cedsavalmost 13 years ago
I think you were lucky that the patent was actually fought in court and close to a resolution. It's not always the case, so ignoring the troll may not be the best advice. Especially if the troll's lawyers are paid on a contingency basis. They have all the incentives to sue. It doesn't cost them anything, and any ruling in their favor reinforce their case.
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sparknlaunch12almost 13 years ago
Eeek, good article. This is something government needs to step in and help with. However curious of the patent troll letters to ignore and not ignore?<p>For example, if you don't pay your mortgage and ignore letters from the bank, you eventually lose your home. So you would legally need to respond to some solicitation, no matter how trivial.
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chaostheoryalmost 13 years ago
"That’s why it’s crucial to be legally protected with some kind of corporate structure. For most small businesses, this means creating a limited liability company."<p>Not all incorporations are made equal. For LLCs, I feel it depends on the state of incorporation as well as the number of members. I could be wrong, but an LLC that is either incorporated in states like CA or only has one member, can have its corporate veil easily pierced.
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johnsto19almost 13 years ago
What is the best way to contact my elected government representatives to support a change in this area? I am not familiar enough with the laws in this area and don't really have the background knowledge to speak intelligently enough about it to be convincing. I'd really like to do my part on this but am not sure how to be effective.
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leadolaalmost 13 years ago
Wow! That's scary, and I'm super impressed by your wife's approach. I have been the subject of 2 nuisance lawsuits. I won both. But I don't think I'd have your guts.
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