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EU startup threatened by US troll. Worst-case scenario?

We recently got contacted by a US-based patent troll who owns a very broad software patent, which would be probably invalid under Alice Corp v. CLS Bank. What’s the worst-case scenario if we refuse to settle and get sued? On top of having to avoid operating in the US, which is not of critical importance for us, would we be facing other consequences?

  • Software patents are not allowed in the EU so you probably won’t have issues if you don’t operate in the US.

    Worst case scenario naturally if you get sued is you get banned from selling your software and you have to pay damages.

    There are other options such as to get the patent nullified by finding prior art or challenging the patent.

    I am against the term troll since it assumes that IP holders are somehow all scum. If the the company who is suing you is an NPE (non-practicing-entity), then say so, otherwise I believe companies have the right to protect their intellectual property by every means.

    Reply

    • Nah, they’re almost always scum trying to enforce software patents.

      But you should do what I did– consult a patent lawyer so they can’t pop you for willful infringement (and triple damages) and then wait them out. If they want to come get you, let them come. But no emails, no sternly worded letters– let’s do it in court. You’d be amazed how long you can drag that kind of shit out.

      But above all–

      DO NOT COMMUNICATE WITH YOUR TROLL. TALK WITH YOUR LAWYER. SAY NOTHING. I MEAN LITERALLY NOTHING, NO RESPONSE WHATSOEVER. IF THEY CALL YOU ON THE PHONE JUST BREATHE UNTIL THEY HANG UP.

      Reply

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