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Member #1687095

Member Since: July 2, 2021

Country: United States

  • I second your plug for EFF -- they are a wonderful organization.

    Speaking as an attorney and professor of patent law, I respect how much courage it takes for you to stand up and shine the spotlight on these trolls. Even though you expressed it, I doubt most people can relate to just how unnerving (and brave) it is to go public when you are being bullied, when the seemingly safest course is to lay low and wait for the bullies to go away. By speaking up, you speak for not only yourself, but also for thousands of other businesses who deal with trolls every day yet lack the platform or leverage to do anything about it. Bravo!

    I want to caution you and your readers, though, that the one thing you should not do is completely ignore these threat letters. As annoying as these letters are, and as much as you might want to shred/burn them for catharsis, willfully ignoring a notice could actually expose you to increased liability down the road. The better course, as annoying as it may be, is to forward these threats to your own patent attorney, who can provide you with a full assessment of the (total lack of) merit behind these claims, for only a few hours of attorney time. That is actually the lowest-risk, most cost-effective thing you can do in this situation. It will allow you to rest easy knowing the claims truly have no merit, and it can insulate you against any future claim of willfully ignoring the notice.

    This is a self-serving reply, because I support EFF and personally specialize in invalidating bad patents and defending companies against patent trolls, and I am not your lawyer. So give whatever weight you wish to my advice to seek counsel. But if you decide that you do want help, or if you know anyone else being victimized by trolls, you can message me any time.

    Keep up the good fight.

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