It’s worth fighting back against patent trolls

Those who wish to see the power of patent trolls reined in got some good news this year when Canadian "patent troll" Wi-Lan lost an intellectual property lawsuit in East Texas. Despite accusing 22 other companies of misusing its wireless internet technology, Wi-Lan was unable to make a convincing case at trial.

More recently, the patent troll suffered another set back. Last week, a Texas judge ruled that Apple did not infringe on one of Wi-Lan's patents, despite the company's complaints.

This particular case dated back two years, when Wi-Lan argued that Apple and a number of other technology firms were infringing upon its patent for cellular wireless technology. According to an article in Apple Insider, nearly all of the other defendants—including Dell, Hewlett Packard and HTC—settled with Wi-Lan. Only Apple fought back in court.

As this blog has mentioned in the past, it is crucial for companies to take patent trolls to trial if they are capable of doing so. Many of the charges that trolls put forward are actually rather flimsy in practice, serving only to scare defendants into settling out of court.

By taking patent trolls to trial and winning, legitimate businesses can cost patent trolls money and weaken them in the long run. Indeed, during the trial with Apple, a jury determined that there was no patent infringement, and that two of Wi-Lan's claims were invalid. The patent troll had been seeking $248 million in damages from Apple. It got nothing.

Obviously, smaller companies don't have the same resources that they have in Cupertino. But that doesn't mean it is impossible for them to fight back. By working with a Phoenix business attorney, businesses that have been victimized by patent trolls can defend themselves in court.

Categorised in: Intellectual Property Law

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