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Blackbird's Patent Troll Suit Against Cloudflare Gets Patent Invalidated

261 点作者 eldridgea超过 7 年前

9 条评论

peteforde超过 7 年前
Thank you, Cloudflare, for fighting the good fight.<p>Someone should start a collective fund for smaller companies to help with legal support so that more troll claims can be fought instead of settled.<p>Anyhow, I&#x27;d be genuinely curious how much it cost to get to this point, and how much you think it would have cost if you&#x27;d had a protracted battle.
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jaredhansen超过 7 年前
This is great news. Regarding the several comments along the lines of &quot;there should be a way to pool resources across many companies to fight trolls&quot;, there are in fact several such orgs (beyond EFF, already mentioned below). The three I&#x27;m most familiar with (and of which we are members) are:<p>1) RPX, which is basically just troll insurance. <a href="http:&#x2F;&#x2F;www.rpxcorp.com&#x2F;" rel="nofollow">http:&#x2F;&#x2F;www.rpxcorp.com&#x2F;</a><p>2) LOT Network (LOT=License on Transfer): <a href="http:&#x2F;&#x2F;lotnet.com&#x2F;" rel="nofollow">http:&#x2F;&#x2F;lotnet.com&#x2F;</a><p>3) My favorite: Unified Patents, which actively files IPRs against NPEs: <a href="https:&#x2F;&#x2F;www.unifiedpatents.com&#x2F;" rel="nofollow">https:&#x2F;&#x2F;www.unifiedpatents.com&#x2F;</a><p>There may be others and I&#x27;d be glad to hear about them. I recommend every startup join at least these three - the annual fees are modest (free in some cases) and potential benefit is enormous.
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Eridrus超过 7 年前
This makes me wonder: is there any downside to enacting laws to make patent invalidation due to them being overbroad applicable retroactively and forcing Blackbird to return the money it extorted? It might be challenging to enforce due to limited liability, but I don&#x27;t see any obvious downsides to trying? It seems like it could provide an incentive for companies to not attempt to create over-broad patents.
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erikrothoff超过 7 年前
This is so cool. Obviously it&#x27;s a big financial risk to take this route, but it&#x27;s great to have a large company actually fighting the good fight. Mad props to Cloudflare, Newegg, EFF, and all others in this battle.
S_A_P超过 7 年前
Is it possible that a nonprofit could troll the patent trolls and start proactively suing them to get their patents invalidated? It seems to me that a consortium of above board companies could fund such a thing and come out way ahead of fighting litigation targeted at their business.
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molyss超过 7 年前
For sure, the result is a good news, but it highlight what I believe is a major flaw in the modern court systems : the tax payer and the defender ends up footing the bill for what is essentially abuse of the system and pure incompetency.<p>Is there any follow up on the body that approved a patent that should never have been granted ? Not per the court order. Is there any punitive damage awarded to the defender against the filer ? Not per the court order.<p>Having been personally frivolously sued in the past, I can tell you, it&#x27;s not fun and it&#x27;s expensive. And even if you win, you have to sue back to pretend to any kind of financial compensation. If you have a settlement saying the opposing party is supposed to give you X amount of money, you have to sue to recover that money. And they can appeal. And even if you have an agreement saying that the winning party is entitled to have their legal fees paid by the opposing party, apparently no judge ever grants the real legal fees.<p>There&#x27;s a major amount of work to be done in how we deal with abusive lawsuits and who pays the bill for the shared public legal system.
x0x0超过 7 年前
fastly appears to have paid up<p><a href="http:&#x2F;&#x2F;ipwire.com&#x2F;stories&#x2F;blackbird-technologies-settles-patent-infringement-case-web-content-delivery-company&#x2F;" rel="nofollow">http:&#x2F;&#x2F;ipwire.com&#x2F;stories&#x2F;blackbird-technologies-settles-pat...</a>
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AceJohnny2超过 7 年前
While this is nice, it&#x27;s still a game of whack-a-mole. How much were the legal costs for CloudFlare to invalidate this <i>one</i> patent?<p>I&#x27;m glad they did this and they&#x27;ve certainly gained some goodwill from me for this altruistic move. Was that part of CloudFlare&#x27;s motivation, use it as PR? Because otherwise, the economics still appear to be in favor of the trolls. This battle is won, but how goes the war?
b6超过 7 年前
Is there any feedback mechanism to prevent the patent office from issuing more bogus patents?
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