It's important to remind members that they have options for responding to a patent
troll demand letter.
This story, «Got a patent
troll demand letter?
EFF, alongside a number of public interest groups, is creating Trolling Effects, an online database of patent
troll demand letters.
The bill is not perfect, though, and has at least one glaring error: it does not address the serious harm that comes from patent
troll demand letters.
Unfortunately for ArrivalStar, TheRealReal had lawyers — unlike many small businesses targeted by patent
troll demand letters.
Not exact matches
While the
troll suing Pied Piper was located in California, it would have been more realistic to have received the
demand letter from a shell company in Eastern Texas.
To make its case for implementing new IEEE rules on how to pay for standards patents, the
letter points to the recent example of a patent
troll that has been brandishing a standards essential patent to
demand thousands of dollars per Wi - Fi chip from hotels and small businesses.
Increasingly, we see patent
trolls set up third - parties to pursue
demand letters and infringement claims when parties will not bend to their
demands.
Patent
trolls send vague and deceptive
letters alleging patent infringement to
demand unjustified payments from innocent individuals and businesses.
To date, we have borne the economic costs and burdens of a patent system increasingly held hostage by
trolls that do not seek to build up the American economy, but rather tear it down, one
demand letter and exorbitant licensing fee at a time.
Another
troll, Innovatio IP Ventures, sent over 10,000
letters to businesses like cafes and hotels
demanding payment for providing Wi - Fi.
Getting a patent
demand letter from a
troll can be a scary experience.
No industry is immune from the reach of patent
trolls, and hotels, real estate offices, coffee shops, tech startups, employment agencies, and many more have found themselves on the receiving end of a
demand letter from a patent
troll.
In one case, a secretive
troll called MPHJ sent over 16,000
letters to small businesses
demanding payment for using basic «scan to email» technology.
Trolling Effects will help shed light on the extent of
troll activity, the nature of
demand letters, what actions can be taken, and what reform is needed.
Vermont's lawsuit, which
demands the
troll pay $ 10,000 for each
letter it sent out, is based on consumer protection laws that forbid deceitful communications.
There must be transparency around patent
demand letters that
trolls send out.
The settlement itself requires that the scanner
troll actually investigate before it sends threatening
demand letters and prohibits it from bothering businesses it has already contacted.
The equation — and the
troll's motivation — will change very quickly if there is a risk that the «answer» to a
demand letter might come from the AG's office.
This law requires patent
demand letters to be specific about the claim being violated, to be particular about how the target is violating the patent, and to give targets a reasonable estimate of the damage costs coupled with a reasonable time to respond (patent
trolls usually have broad
demands, are vague about violations, and pressure their targets to respond hastily with their purses open).
The legislation is focused on curtailing certain types of
demand letters and the abusive practice that many patent
trolls engage in, especially with small to medium sized businesses that may not have the financial means and wherewithal to challenge bald and possibly baseless claims of patent infringement.
It would also create a publicly available
demand letter database (something we're obviously in favor of — check out
Trolling Effects).
First, it must be made widely known to the business community that this state court cause of action is available, and especially that the business community should report all suspect
demand letters from patent
trolls to the AG's office.
Trolling Effects is a database of
demand letters, open to the public.
Trolling Effects is an important tool to fight the dangerous barrage of patent
demand letters, but we need a more long - term fix to the problem.
Comprehensive patent reform legislation should require patent
trolls to include enough information in
demand letters to give its targets necessary information they need.
If you have received a patent
demand letter, submit it to
Trolling Effects.
Each new
demand letter is crucial to
Trolling Effects, even if a nearly identical
letter has already been posted.
This year, EFF and several tech policy organizations launched
Trolling Effects, a database of
demand letters that patent
trolls use as perhaps their strongest — and stealthiest — weapon.
Washington, DC - Electronic Frontier Foundation (EFF) attorney Julie Samuels will testify on how patent
trolls harm start - ups and consumers through deceptive
demand letters and legal threats at a US Senate Committee on Commerce, Science, and Transportation hearing on Thursday, Nov. 7.
Mark Chandler of Cisco talked about the massive scam perpetrated by
troll Innovatio IP Ventures, which sent thousands of misleading
demand letters to cafes, hotels, and other end - users of Wi - Fi technology.
With patent
trolls blanketing the nation with deceptive and misleading
letters — many of which we've documented through our
Trolling Effects project — Congress should make sure to include
demand letter reform in its legislation.
This
troll hides behind an alphabet soup of shell companies and sends
demand letters to small businesses all over the country
demanding $ 1,000 per employee for the privilege of using scanners and email.
At that time, a patent
troll named Personal Audio LLC had sued three podcasters and sent
demand letters to a number of others.
At its heart, the complaint alleges that the scanner
troll is sending these
demand letters in bad faith.
And another
troll has blanketed the nation with
letters demanding that companies pay $ 1,000 per employee for using standard office technology like scanners and email.
EFF, through sites like
Trolling Effects and those who reach out to us, is in an important position to notice when a bunch of startups and end users are receiving particularly egregious
demand letters or suits.
Just as these developers were finding new audiences, the patent
trolls decided they wanted a piece of the action and started sending cease - and - desist
letters demanding license fees, and in some instances even suing.
A handful of these come from the various
demand letters that are submitted to
Trolling Effects.
Ranieri outlined the discouraging process that allows
demand letters to thrive: the Patent Office issues vague and overbroad patents; patent
trolls acquire these bad patents and send unfair and deceptive
demand letters; and legitimate businesses, without the resources to fight back, end up paying unjustifiable licensing fees.
Last year, when we launched our
demand letter database
Trolling Effects, we wrote:
Patent
trolls place a widespread burden on innovation, often sending identical
demand letters to dozens of small companies at once.
yro.slashdot.org - An anonymous reader writes Michael Geist reports that according to documents recently obtained under the Access to Information Act, the Canadian government quietly proposed a series of reforms to combat patent
trolls including new prohibitions on
demand letters, powers to the courts to stop paten...
What do you do if you receive a
letter from a non-practicing entity, or «patent
troll,»
demanding payment of a licensing fee?