CloudFlare wins in a court struggle with patent / troll causing patent infringement suits on behalf of compensation

by SalFalko

Cloudflare , which provides content delivery network , Internet security, and distributed DNS server , reported that he won the battle with patent / troll companies who filed a patent infringement lawsuit for damages.

Winning the Blackbird Battle
https://blog.cloudflare.com/winning-the-blackbird-battle/

On March 16, 2017, based on the patent US Pat . No. 6,453,335 that patent and troll enterprise " Blackbird " can "incorporate third party data into existing Internet connection" in a "convenient and flexible manner", Cloudflare I filed a lawsuit against the other party. The district court's ruling did not acknowledge Blackbird's patents and accepted Cloudflare's claim.

"Patent / trol" company that filed patent infringement lawsuit for huge damages compensation loses to CloudFlare and loses patent - GIGAZINE

Still Blackbird is the judgment appealed appeal to, Washington DC headquartered in the Federal Circuit Court of Appeals was the fact that the deliberations in is done. The Federal Circuit Court of Appeals is a court that has jurisdiction over certain cases, such as patents and tariffs throughout the United States.

On February 13, 2019 (Wednesday), the Federal Circuit Court of Appeals affirmed the ruling issued by the district court and decided to dismiss Blackbird's actions. This made Blackbird impossible to continue this patent case and Cloudflare 's victory in the court struggle was finalized.

by rawpixel.com

Cloudflare has taken the tactics to gather grounds to assert patents claimed by patent / troll as ineffective in order to win the lawsuit from Blackbird. Cloudflare who launched the project called " Project Jengo " puts a prize on "proof that the patent held by Blackbird is already the" widely used "prior art", and the patent / troll enterprises become weapons The aim was to invalidate ambiguous technical patents.

As a result, the patent claimed by Blackbird is very ambiguous and the district court ruled that "abstract ideas are not patentable" and Cloudflare could win the case It was. Also, the Court of Appeals for the Federal Circuit did not even need a question asking questions about Cloudflare's lawyers' claims, he said that he approved the district court's ruling in full.

It is this case that seems to have ended quite unexpectedly, but in reality it has been a brief legal battle that lasted for two years since the beginning of the case in March 2017. Cloudflare prepared a prize to dismiss Blackbird's claims, hired a lawyer and spent a lot of time on counter-arguments against litigation. There is a huge cost there, "Cloudflare says," It may have cost more than the settlement with Blackbird, "said Cloudflare.

It is said that it is a defect that patent and troll firms are scattered in that "it is often that the person who pays the settlement money does not forcibly compete with the patent / troll and the labor and cost are often restrained" Cloudflare points out. Many companies may be able to win a patent / troll company if seriously contested, but they want to terminate the lawsuit by paying a settlement avoiding troubles. Cloudflare appeals for rectification of this system and continues to recruit Project Jengo "Prior technology on other patents owned by Blackbird" and will encourage Blackbird to keep losing lawsuits against other companies in the future It was made.

by Michael Foley