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FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 22 Oct 2014 (Wednesday) 07:44
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Patent troll made to pay legal fees.

 
travisvwright
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Oct 22, 2014 07:44 |  #1

Saw this article this morning and interested to see how this affects the photography world, what with the infamous patents popping up into discussion recently:

http://finance.yahoo.c​om …patent-120522062.html?l=1 (external link)

Relevant excerpt:

NetApp, a Silicon Valley maker of sophisticated data storage devices, last month used a new legal precedent to force a patent holder to pay its legal fees. The judge called the case "reckless and wasteful."
...
Starting in 2012, companies accused of infringement could ask the U.S. Patent and Trademark Office to invalidate patents used in litigation. The reviews are much cheaper and faster than court.

The reviews proved popular -- and devastating for many patent owners. As of June, the patent office was invalidating some or all of challenged patents' claims at a rate of 80 to 90 percent, depending on the type of review.


I'm no legal expert but if the cost of fighting a patent troll is reduced to free (assuming you win) perhaps more challenges will be made. Though the article seems to be saying that "trolls" are just less likely to litigate unless it's the offense is very obvious.


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Nathan
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Jan 23, 2015 16:53 |  #2

The are a number of state legislative bills filed to address the issue, many of which include recovery if legal fees from the losing party. I'm pretty sure a federal bill has been filed too.


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photoguy6405
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Jan 25, 2015 22:22 |  #3

"Loser pays" is an interesting concept. It wouldn't be perfect, but the idea is intriguing.


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jrbdmb
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Jan 27, 2015 11:57 |  #4

We just have to be careful not to go too far the other way. Easy enough for the Microsofts and Apples of the world to threaten a little guy with this type of action and prevent the little guy from enforcing a valid patent.


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golfecho
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Jan 30, 2015 11:09 |  #5

jrbdmb wrote in post #17402598 (external link)
We just have to be careful not to go too far the other way. Easy enough for the Microsofts and Apples of the world to threaten a little guy with this type of action and prevent the little guy from enforcing a valid patent.

SHACK!


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Patent troll made to pay legal fees.
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