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Re:IV: Don't Mind Our 2000 Shell Companies, That's Totally N... by rayiner on Friday December 21, 2012 @03:39PM (#4954420)
If I were putting together something like this, I'd hire a bunch of competent but relatively inexperienced lawyers starting at $35k/year in a place like Iowa or North Dakota. Spend six months training them to quickly bat down truely meritless suits, and to recognize when they get something possibly meritorious that needs to be kicked up the chain. It would be quite doable at those prices, and is indeed more or less the model used for e.g. run of the mill insurance work.

I think you still need changes in the law to make it easier to distinguish meritorious from unmeritorious litigation. Getting rid of things like the presumption of validity, raising the bar for novelty and obviousness, etc, would all make it easier to handle each case cheaply.

Re:IV: Don't Mind Our 2000 Shell Companies, That's Totally N... by javajosh on Friday December 21, 2012 @04:13PM (#4954544)
I'd hire a bunch of competent but relatively inexperienced lawyers starting at $35k/year

That was my initial thought, too, although I was thinking more like 80k. At that rate you could attract idealistic, smart lawyers. At 35k you're attracting desperate lawyers.

Also, the place to setup shop would be SF proper. That is where the customers are, and for any business, especially one like this, customers are most important. That said, from what I've read the trolls do a lot of business out of East Texas, so that would make sense too.

The interesting thing about this business is that it's intended to be a stopgap measure until the law changes. That is, if it is very successful it will go away. Also, to avoid becoming the enemy (from what I've read IV sells "patent insurance" - basically protection money against IV) I'd make it as transparent as allowed by statute, and a non-profit.

Re:IV: Don't Mind Our 2000 Shell Companies, That's Totally N... by rayiner on Friday December 21, 2012 @04:35PM (#4954631)
If the goal is to cheaply handle crappy lawsuits, you need to maximize volume while minimizing costs. You might have a business development effort in San Francisco, but the actual work can easily be done from an office in Omaha. You don't need smart, idealistic Berkeley grads to churn through meritless suits. $35k + benefits is a very good salary in Omaha and will attract perfectly competent people ($35k would attract only desparate people in San Francisco). They won't have much experience, but you can amortize the cost of a good training program over a large volume of work.

Much of your value add is going to be in streamlining the process: developing tools and processes to minimize the time it takes to handle a particular suit, and aggregating knowledge about particular patents and particular trolls to amortize the cost of dealing with them over multiple clients. At the end of the day you need a licensed lawyer to sign off on any filings, but everything else can be automated.

Re:IV: Don't Mind Our 2000 Shell Companies, That's Totally N... by arbuge on Friday December 21, 2012 @07:21PM (#4955252)
Some interesting ideas in this thread... couple of points re: the above:

- clients are all over, not just SF. Like I said all it takes is just a simple online store for the trolls to come after you, i.e. it's not just software developers getting sued. It's also their clients.

- don't hold your breath about the law changing. The goal here should really be invalidating software patents lock, stock, and barrel - that's not something likely to happen anytime soon.

- the non-profit idea is a good one. If enough companies contributed 1% of revenue/profit/funds raised to an effort like this one, it could probably get going... I personally wish I had the time to organize something like this.

Re:IV: Don't Mind Our 2000 Shell Companies, That's Totally N... by javajosh on Friday December 21, 2012 @07:48PM (#4955314)
The people who would be interested in this are the VCs themselves, as their portfolio companies are at risk in aggregate. Indeed, I wouldn't be surprised if there are ad hoc anti-troll legal teams associated with the major VCs already. But the key is reducing the cost to fight, and the cost will only go down with scale, and no VC has a large enough portfolio, I'd imagine, to really get the cost down
Re:IV: Don't Mind Our 2000 Shell Companies, That's Totally N... by rayiner on Friday December 21, 2012 @07:53PM (#4955327)
> If enough companies contributed 1% of revenue/profit/funds raised

I think you're overestimating how much companies spend on patent litigation. People have been throwing around the number $100 million for how much Apple spent on patent litigation in 2011. That's 0.1% of their 2011 revenues. At a typical Fortune 1000-ish company, total spending on outside counsel (which includes not just litigation, but transactional advice, tax advice, etc) is on the order of 0.2% of revenues.