Ask HN: I was hit with a patent troll lawsuit, how do I deal with it?

Re:Ask HN: I was hit with a patent troll lawsuit, how do I d... by admissionsguy on Monday June 21, 2021 @11:26AM (#27580096)

Curious, why is it expensive?

Is it similar to the process of getting the patent itself where most companies pay $$$ for lawyers, but a determined technical (and legally literate) person can do it themselves with not that much effort (like I did)? Or is there some sort of gatekeeping or statutory fees that must be paid?

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Re:Ask HN: I was hit with a patent troll lawsuit, how do I d... by relaunched on Monday June 21, 2021 @01:28PM (#27581402)

It's more expensive than getting a patent, which you can do yourself.

Courts have procedures, and it many juris dictions, they require you to be represented by an attorney. While I'm not an attorney, I've been the the process enough to know a few of the steps:

1) demand letter(s) and responses

2) negotiations, w/o a mediator

3) drafting and filing of the complaint

4) motions w/ responses

5) negotiations w/ a mediator

6) interrogatories

7) discovery

8) depositions

9) pre-trial hearings / more motions

10) presiding judge led mediation (sometimes the judge wants to give it a shot)

11) trial

The entire process can take years - especially when one party is on a tight budget (dragging it out can be strategic).

So, there are quite a lot of steps and in the US, very few statuettes allow for legal fee recovery, so it might not be available.

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Re:Ask HN: I was hit with a patent troll lawsuit, how do I d... by pnw on Monday June 21, 2021 @02:25PM (#27582111)

In my most recent case, we settled the patent lawsuit for approximately 10% of the estimated cost to litigate, which was well into six figures.

If we had chosen to litigate, it would have taken years, been very stressful and possibly created issues with future company financings etc.

And even if we had won - the NPE has zero assets to attach so you always bear the legal cost.

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Re:Ask HN: I was hit with a patent troll lawsuit, how do I d... by ThrustVectoring on Monday June 21, 2021 @05:17PM (#27584627)

> the NPE has zero assets to attach so you always bear the legal cost.

I've vaguely heard of this so it might not be directly relevant, but I've heard of "performance bonds" or the like being mandated for litigants. Basically the idea is that the litigant has to put up a sum of money to continue the lawsuit so that they don't get the free optionality of collect-if-win / have-no-assets-if-lose scenario.

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