Patent Troll Says Anyone Using Wi-Fi Infringes
akahige sends this excerpt from an article at TechDirt:
"The Patent Examiner blog has the incredible story of Innovatio IP, a patent troll that recently acquired a portfolio of patents that its lawyers (what, you think there are any employees?) appear to believe cover pretty much any Wi-Fi implementation. They've been suing coffee shops, grocery stores, restaurants and hotels first — including Caribou Coffee, Cosi, Panera Bread Co, certain Marriotts, Best Westerns, Comfort Inns and more. ... The lawyer representing the company, Matthew McAndrews, seems to imply that the company believes the patents cover everyone who has a home Wi-Fi setup, but they don't plan to go after such folks right now, for 'strategic' reasons."
So, I guess amateur radio operators have been infringing since, what... the early 1900's? Voice is just data, right..?
--- no sig to see here... move along.
At some point its just cheaper to pay someone to take a hit out on a troll like this. Maybe invite him out on your new yacht and have a little accident...
Only the State obtains its revenue by coercion. - Murray Rothbard
Kill them with fire.
Ok. This is classic patent trolling. They aren't going after the Wi-Fi manufacturers who have the resources to possibly fight this in court but rather going against the little people. There's an obvious fix for this. Force people to sue the companies that make potentially infringing technologies rather than the people who buy them until there's a precedent with the company that the tech is infringing. Unfortunately, with the grab-bag of junk that is America Invents now done, everyone is going to avoid serious patent reform for another decade. So this isn't getting fixed for a while. Then we'll probably get some other terrible mix of good and bad stuff in some new law and the whole process will repeat itself. Good for the lawyers. Not very good for everyone else.
They could not recoup their losses going after home users the way they can with business users.
What losses?
"The page linked to by this summary did not explain why the patent trolls are going after the users of WiFi devices, rather than vendors."
actually it did:
"The company is demanding a one-time lump sum licensing payment between $2,300 and $5,000 from each of the several hundred defendants targeted in its lawsuits, McAndrews said. Some of the defendants have already settled, he added."
"In casting such a wide net, Innovatio (it means “innovation” in Latin, McAndrews said) displays a new approach in patent enforcement. In a field where patent-holding companies often demand six- or seven-figure dollar amounts for damages, five-figure settlements are considered basement-low. By demanding a few thousand dollars, Innovatio ensures that, for many small business owners, taking up a legal defense won’t make financial sense."
They are suing when they can pursue action cheaper than the defendant can defend. If the patent were strong they'd go after big money, but the big money will fight and since the patent is weak, they will instead play spam.
Also, by suing a large number of people in diverse locations and jurisdictions they will make it difficult for defendants to defend collectively and economically.
Think of all the Jobs Being Created by the Job Creator Class, isn't it lovely?