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Cities Hit Back at 'Patent Troll'

Mary Jander, Managing Editor, Future Cities
Thursday, September 19, 2013 08:00 EDT

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IPTT
IPTT  
9/22/2013 11:10:05 PM
User Rank Village Voice
The way you fight these guys is to track them
This is the same person suing TARTA (Toleda Area Regional Transit Authority).  I recognize the name and the firm he uses because the demand letter was entered into That Patent Tool:    http://www.thatpatenttool.com

One way to stop these trolls is to expose their antics.  I built That Patent Tool to track demand letters these trolls send out (http://www.thatpatenttool.com)...If all 250 people who get a letter from this guy input it into the system, we could build a collaborative effort around defending against him.   Find out who else he's going after, and contact them.  Maybe share the cost of a single firm to counter his claim, crowdfund prior art searches or an IPR (inter partes review), etc.  

But the one thing you must never do is feed the trolls.  Don't pay them or they'll come back again!!

Just sayin',

IPTT

http://iptrolltracker2.wordpress.com

 

 

Amy Rogers Nazarov
Amy Rogers Nazarov  
9/20/2013 2:43:37 PM
User Rank Urban Legend
Re: So let me get this straight
I just used NextBus on my smart phone to tell me that the next eastbound D6 on E Street NW was 11 minutes away. We'll pass the US Capitol on the way, so I'll ask whatever Congressperson I happen to run into to please write a bill that will cut off Jones and other patent trolls at the knees. In the meantime, I better write him a small check, too, since "his" technology let me plan my commute home a teesny bit better.

"My Litigious Country 'tis of thee..."

Mary Jander
Mary Jander  
9/20/2013 9:22:25 AM
User Rank Staff
Re: So let me get this straight
Sure, @James, I agree that the laborer is worthy of his hire, and if Jones deserves some licensing, then so be it. But I don't see this happening here, really. He seems to have decided to earn a living going after licensing fees based on very broad terminology in the patents he does seem to have. We can't lay that at his doorstep alone -- the law allows him to do this.

Mary Jander
Mary Jander  
9/20/2013 9:19:36 AM
User Rank Staff
Re: So let me get this straight
Good points, @HenryW. The legislation on patents in the US needs to be sorted out. It's tough enough to  make these distinctions in individual cases; if the overall patent law is too broad, or requires courts to basically reinvent the wheel and create their own precedents for every case, the wheels are going to fall off the bus.

In fact, they probably have already!

James@SanDiego
James@SanDiego  
9/19/2013 9:22:49 PM
User Rank Urban Legend
Re: So let me get this straight
Mary, I suppose it would be fair to give him a percentage of profits for apps based on his so called "invented techonology use", but gee wiz, this is not tangible product and sattelite or cell tower use and tracking can easily be turned into a court mess.

HenryWalbesser
HenryWalbesser  
9/19/2013 6:30:24 PM
User Rank Village Voice
Re: So let me get this straight
This is not an easy topic.  A small inventor (someone with an idea) figures out that you can combine two thing that haven't been combined before and make something that is really useful.

That has value and those need to be protected.  But what is someone to do if they lack the resources to make the product?  The answer has been to to sell that idea to someone or a group of someones who can produce it.


Now what do you do if the they fail to make the product?  I think that is where fair use (I may have the term wrong) comes in.  So that someone else who can make the product does.

For example if someone figures out that you can make bread from dead trees and feed it to elephants and then havest the elephants for food. (Hopefully a completely unrealistic example).  Problem is that they lack the ovens to make the bread and the starting stock of elephants.

Now some company heres about this idea and does it and markets elephant burgers at half the cost of cow burgers. 

Both should get to profit but how? That's where the fair use concept comes in.

Then there are those that want a license fee because the animal had grey skin.  I don't see how this last group should get anything.

These cases need to be sorted out so so we are back at the courts.

So maybe the problem is the cost, to all involved, in bringing this to court and not the fact that the court needs to decide some, if not all, of these cases.

Mary Jander
Mary Jander  
9/19/2013 3:40:09 PM
User Rank Staff
Re: So let me get this straight
Yes, if you're a startup these days, you have to have the eyes dotted and tees crossed on a legal plan. You need trademark and patent protection. As a startup, you need a very good lawyer and if you're good and have a real innovation, you need to be ready for the seemingly inevitable attack by a larger company or a troll, or both.

Mary Jander
Mary Jander  
9/19/2013 3:38:09 PM
User Rank Staff
Re: So let me get this straight
You hit on a key point here, @kq4ym. The Electronic Frontier Foundation is trying to establish that the Jones patents aren't supportable because of prior art. That means they build on or extend some existing innovation, is that right?

Davedgreat2000
Davedgreat2000  
9/19/2013 3:08:37 PM
User Rank Urban Legend
Re: So let me get this straight
@Mary, I guess the moral of the story is if you are a creator of anything these days, its best to file a patent  and or Trade Marks before bringing it to market. At least protect yourself in some way. Hopefully this guy gets kicked off the planet

kq4ym
kq4ym  
9/19/2013 1:47:04 PM
User Rank Urban Legend
Re: So let me get this straight
Until the patent office of Congress clarifies patent law to eliminate abuses by patent trolls we're going to have these law suits for some time. Unfortunately, inventions that might be claimd to be obvious improvements to existing art are not so obvious to lawyers demanding payment on behalf of their troll clients.

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