What lessons did the dealer who returned the patent troll learn from the trial?
SparkFun, an American electronics retailer for learning, encounters a
A Patent Troll Backs Off --News --SparkFun Electronics
https://www.sparkfun.com/news/3970
SparkFun founder Nathan Seidle was filed a patent infringement proceeding in July 2021 by a company called Altair Logix. Altair Logix in this lawsuit, SparkFun had been sold until 2017 pcDuino but had claimed that the substrate of the technology that infringe their patents, these patents According to the SparkFun is natural to use in the industry It was just a registered technology with a different name. You can understand the specific complaint by reading the following article.
What kind of notification will I receive when I become the target of 'Patent Troll'? --GIGAZINE
As a result of SparkFun receiving the lawsuit for patent infringement, it was finally succeeded in having Altair Logix withdraw the lawsuit. Therefore, Seidle summarized the lessons learned from this result in the following three.
◆ Lesson 1: Find a lawyer who is familiar with patent troll issues
SparkFun initially visited a law firm recommended by a lawyer who provided information to SparkFun about the proceedings. However, the law firm was unsuitable for handling SparkFun cases. So, when Seidle consulted with the Electronic Frontier Foundation (EEF), EEF introduced Rachel Lamkin, a lawyer who is familiar with intellectual property proceedings.
After discussing with Lamkin, it turned out that SparkFun's case was exactly what Lamkin was good at, so Seidle was able to ask Lamkin again for his defense. That said, it's true that it took a lot of time to set up a lawyer, so Seidle said, 'Before expecting a local lawyer who is good at solving everyday problems to solve patent proceedings, I should have done more research. '
◆ Lesson 2: Do not compromise and pay the settlement
This time, Altair Logix, which sued SparkFun, has filed a complaint against famous big companies such as ASUS, Caterpillar, Texas Instruments in addition to SparkFun. These companies are well-funded and can afford to pay small settlements quickly, but patent trolls can be a source of funding to find their next target. So Seidle called on companies targeted by patent trolls to spend their budget to pay the settlement for a thorough fight.
◆ Lesson 3: Obtaining and studying trial documents yourself
In preparing for the proceedings, Mr. Seidle registered with Public Access to Court Electronic Records , a public service that publishes electronic versions of the proceedings, to obtain documents related to the proceedings, and the judge in charge of the proceedings He studied his way of thinking and attitude. From this experience, Seidle said, 'There is no rule that you can only get the material through a lawyer. You pay a fee of about $ 0.1 per page to get the document yourself, saving time and money. Let's do it. '
Seidle also added at the end, 'I hope no one else can be sued by the patent troll, but if you do, take a deep breath first and remember that you are not helpless. Everyone. If we practice this and unite, the patent troll should disappear. '
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