Ask HN: First Steps with a Patent Troll?
10 pointsby throwawaynvmbr2 days ago4 comments
  • pwg2 days ago
    The best advice you will get is: "find an attorney and ask these questions of that attorney".
    • DamonHD2 days ago
      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.

    • throwawaynvmbr2 days ago
      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.
      • DamonHD2 days ago
        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.

      • bityard2 days ago
        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.

        • throwawaynvmbr2 days ago
          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.
      • JojoFatsania day ago
        Jesus Christ, no. Get an attorney to talk to them before you fuck yourself over.
  • Nextgrid2 days ago
    Speak to an attorney and ask them if there's a way to counter-sue for attorney fees + damages. If there is, you may be able to find someone willing to work on contingency, and then not only not spend much of your money but eliminate the source of the problem once and for all by suing them out of existence.
  • rolph2 days ago
    you may not have a lot of money, but if you have a large network of people willing to do legwork in fidelity, at the direction of a lawyer, you have a chance to gather supporting documents, affidavit, etc. in time to counter well with motion to dismiss based on meritless claims.

    so dont drag your feet, approach a lawyer[s] and find one prepared to make a good effort.

    it sounds like you are in a position that begs some legal assistance as part of regular operations, you should have one in your "rolodex"

  • silexia2 days ago
    I successfully fended off a patent troll a few years ago in the notorious Eastern District Court of Texas - https://joelx.com/how-to-beat-a-patent-troll-in-east-texas/