Creating A Great Impression In Court

If you have ever had to attend court in order to prove your innocence, you know how much your appearance and attitude can impact the proceedings. Unfortunately, all too many people misinterpret how they should dress and what they should do in court, which is why I decided to make this blog. This website is all about creating a great impression in court and understanding how to present yourself to the judge and jury. After all, you might be trying to defend your innocence to avoid potential jail time. Check out this blog for great tips that could help you to protect your freedom.

Patent Trolls: What You Should Know (And Why You Shouldn't Give In)

Law Blog

In today's world where intellectual property is more valuable than gold, the patent troll is one of the most loathsome corporate monsters out there. What is a patent troll, exactly? And if your business has become the target of one, what do you do?

They Create Nothing, But Collect Anyhow

A patent troll is a company (or individual) who acquires vague patents for the sole purpose of hoarding them until somebody else comes along and makes something useful, lucrative, and similar enough in design for the troll to leap out and declare that his or her original patent has been infringed upon. The troll then demands payment, in the form of licensing fees or purchase agreements, from the target company.

In the meantime, the company targeted by the troll usually has to stop production, curtail additional development, and decide if it's worth fighting the troll in court. Often, it's easier (and potentially cheaper) to treat the troll like an unavoidable business nuisance and pay up.

Surprisingly, patent trolls aren't new. At least one patent troll was operating as far back at 1895, forcing car manufacturers to pay him royalties for a vague idea that he stole from someone else years before. Patent trolls have received more attention in recent years, however, because of the enormous amount of activity in the constantly innovating field of high-tech science and gadgets.

They Target Big And Small Companies Alike

Generally speaking, patent trolls start the process by sending assertion letters alleging that some innovation of yours has infringed on some patent of theirs - no matter how loosely. The goal is to bully you into paying a licensing fee or royalties rather than go to court, where legal fees can quickly escalate into more than the demanded licensing fees. 

Does it make sense to even fight back? Absolutely. While there have been some spectacular court wins for patent trolls, there are also some aggressive campaigns developing to stop what is essentially a malignant force that is bad for business and innovation. 

The patent troll wants to make it expensive for defendants to litigate. They also want to make their patents so broad and vague that they could be applied to any number of common pieces of technology. To combat these tactics, the Supreme Court has handed down recent rulings that give the defendants new weaponry against the trolls. 

If you can prove that a troll's patent suit is frivolous, you may be able to recover your legal costs. While that might not stop a troll from threatening you, it might make one hesitate before taking you to court over a patent whose relevance to your product is marginal at best. Other rulings have also made it harder for a patent troll to snap up patents that are overbroad, or refer to things that are essentially already out there in the public mind already.

If your company is trying to move forward with an innovative product after years of hard work and time-consuming development, don't let a patent troll move in on you and demand something for nothing. Contact a patent attorney at Lingbeck Law Office as soon as the first assertion letter hits your desk to discuss your options and to work on a strategy that will protect what's rightfully yours.

Share

7 April 2015