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Ask HN: First Steps with a Patent Troll?

5 points

1 hour ago

| 1 comment

We're a small business where we invest everything back into R&D, so we're not sitting on huge cash reserves. We have a case just filed against us that is visible online but we're waiting to be served, for patent infringement. The company claiming infringement is known to us, they have been trying to get a foothold in our market for years, but their product hasn't found solid ground. We welcome competition as it drives a healthy economy, and we've got a really positive social standing in the community for supporting our customers and we're pretty highly respected by everyone. So when we found they had filed this complaint we were shocked. The complaint has no basis in reality as our product demonstrably does not implement any method of what their patent says, it will definitely be thrown out if it goes to court. But that's a stupid waste of time and money for us both. Has anyone had any success in writing to the company directly and showing how their case will lose, so they drop it and stop spending on something that will fail? We believe they filed out of bad faith because of jealousy and frustration against us. We've taken care never to speak against them or anyone in public, we know this is just sour grapes on their part. Obviously we're going to wait until we've been served but I feel that we can avoid further costs by sending a personal de letter to the owner of this company - I feel that they also have limited funds.

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pwg

1 hour ago

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The best advice you will get is: "find an attorney and ask these questions of that attorney".

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DamonHD

1 hour ago

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Sometimes the other party just wants to hurt/stop you, and sometimes they want to shake you down for a bit less money than it would cost to defend yourself in court. In other words, the action may not be for the apparent and declared reasons.

So seek the advice of a good patent attorney who has seen this sort of thing before.

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throwawaynvmbr

1 hour ago

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We have and of course are engaging a lawyer but we're thinking of first trying to reason with the company owner with a personal letter (or from lawyer, drafted with our input) . Wondering if anyone else has done this.

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DamonHD

1 hour ago

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Someone I know who is a patent lawyer suggested that if I found myself in this situation asking for more details of the claim, calmly, to determine if it has substance. But depending on the counterparty's motivation that may or may not help.

Make sure that you get enough legal advice to avoid digging yourself a deeper hole: you may be wanting to mark such correspondance "WITHOUT PREJUDICE" or similar for example. IANAL and that is not legal advice.

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bityard

1 hour ago

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Do not voluntarily engage them. No matter how well intentioned you think you are, they can probablyfind a way to use it against you.

A legal claim demands a legal response, there are no shortcuts here. Your lawyer will advise you further.

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throwawaynvmbr

52 minutes ago

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Thanks, very clear. Hopefully we'll get it dropped before trial then find some way to counter-sue for harassment and get the fees back.