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Patent Troll Targeting Users of Scanners; Wants $1000/Employee

New submitter earlzdotnet writes "A new patent troll is in town, this time targeting the users of technology, rather than the creators. They appear to hold a process patent for 'scanning a document and then emailing it.' They are targeting small businesses in a variety of locations and usually want somewhere between $900 to $1200 per employee for 'infringement' of their patent. As with most patent trolls, they go by a number of shell companies, but the original company name appears to be Project Paperless LLC. Joel Spolsky said in a tweet that 'This is organized crime, plain and simple...' I tend to agree with him. When will something be done about this legal mafia?"

13 of 227 comments (clear)

  1. Huh?? by ZorinLynx · · Score: 4, Insightful

    How does this hold any legal water at all? Isn't the manufacturer of a product liable for patent infringements, not the end user?

    1. Re:Huh?? by maxwell+demon · · Score: 5, Informative

      It's a process patent, according to the summary. I'd say it's the end user who does the process of scanning, then sending the scanned page by email.

      --
      The Tao of math: The numbers you can count are not the real numbers.
    2. Re:Huh?? by DJ+Jones · · Score: 5, Informative

      Yes, except in this case, the patent office allowed someone to patent a process and not an invention so general legal logic goes out the window right there.

      That and those fines appear to fall just beneath what it would cost to get a patent lawyer to fight the charge so on a pure revenue basis, it's cheaper to pay the ransom.

    3. Re:Huh?? by CastrTroy · · Score: 4, Informative

      Sorry, but this patent is stupid. This is basically sending an attachment in an email. And the patent is on where the attachment originated from (the scanner). How this is not obvious to anybody who has ever sent an email with an attachment is quite beyond me.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    4. Re:Huh?? by mug+funky · · Score: 5, Funny

      legal precedent: arkell v pressdram

  2. 35 USC section 271 - Infringement by L.+J.+Beauregard · · Score: 5, Informative

    (a) Except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented invention during the term of the patent therefor, infringes the patent.

    --
    Ooh, moderator points! Five more idjits go to Minus One Hell!
    Delendae sunt RIAA, MPAA et Windoze
  3. I was browsing the web and I found... by Phics · · Score: 5, Informative
    --
    There are two types of people in the world; those who believe there are two types of people, and those who don't.
  4. Process Patents by Damastus+the+WizLiz · · Score: 4, Funny

    Has anyone patented the process of sueing people for violations of patents? If not someone better get on it quickly. Millions of dollars in settlements are being lost every minute now.

    --
    I often have trouble remembering which way is out of bed in the morning.
  5. Jokes on them. by Anonymous Coward · · Score: 5, Funny

    I don't e-mail people my scans, I upload them to Megaupload and send them the link.

    Foolproof.

    1. Re:Jokes on them. by crypticedge · · Score: 4, Funny

      Dare I say, woosh?

  6. Who Owns Project Paperless LLC? by cultiv8 · · Score: 4, Informative
    According to http://stop-project-paperless.com/project-paperless-llc, these guys: http://www.hkw-law.com./

    Public records indicate that each of the partners in the law firm of Hill, Kertscher, & Wharton are either managers, members, or organizers in one or more of the shell companies which in turn appear to have a stake in Project Paperless, LLC.

    --
    sysadmins and parents of newborns get the same amount of sleep.
  7. Online world carries over into the real world by jandrese · · Score: 4, Interesting

    Her study of startups targeted by patent trolls found that when confronted with a patent demand, 22 percent ignored it entirely. Compare that with the 35 percent that decided to fight back and 18 percent that folded. Ignoring the demand was the cheapest option ($3,000 on average) versus fighting in court, which was the most expensive ($870,000 on average).

    So the best way to deal with trolls in the real world is the same as the online world: simply ignore them. If they want to sue you, then make them go through all the expense and trouble of making the case--most of the time they won't even bother. These are basically old timey protection rackets. They're trying to put the minimum amount of effort in to get the biggest return. They might try to make an example of a company or two, but it probably won't be you.

    --

    I read the internet for the articles.
  8. When will something be done about this legal mafia by rudy_wayne · · Score: 5, Insightful

    When will something be done about this legal mafia?

    Nothing will ever be done because every major company is playing the game.

    Google, Apple, Microsoft, IBM . . . . . every big company with deep pockets has been hit by patent trolls. So why don't they all get together and use their considerable lobbying power to demand that congress change the law? Why? Because they don't really want the law changed. They want to be able to whack somebody with a patent lawsuit when it suits them.

    Bogus patents are the new nuclear weapons. Everyone knows they are bad and destructive, they serve no useful purpose and should be eliminated. But nobody is willing to actually do that because some day they might need a weapon to use against a competitor. That's the new business model. Litigation instead of competition.