Defending Your Small Business against Patent Trolls
Typically, patent trolls attack vulnerable companies with lawsuits claiming patent or copyright infringement. It is evident that patent trolls have become a major problem for many small businesses in the U.S. Perhaps, you may be one of those who has learned about patent trolls the hard way. Some small business owners in the US often get letters from law firms for settlement of copyright infringement. It is very essential to know what to do if you receive one of the thousands of threatening patent violations letters. Below is a quick guide to some of your options.
Do not feed the Trolls
If you have not received a patent or copyright violation letter from a lawyer, it may just be on its way soon. No one violates patents and copyright knowingly. If you get one in the coming days, do not dash off a response no matter how outrageous the claim may be.
Think of the letter this way – every day, businesses and individuals receive emails from malicious people trying to send money your way. These people just need details of your bank. Often, you ignore these emails and may be trash or report them as spam. Often, you do not even inquire why an unknown person to you should just send money your way.
Sometimes, it is wise to treat troll letters in a similar way. Anyone reaching you via a personal email is a person desperately hoping to find one or two fools to fleece. If you respond to the troll, you only be feeding the troll. Do not panic.
Investigate the Claim of Infringement
If you find it necessary to do something to defend yourself, first investigate the claim. Take time to think critically about the claim. Did you infringe on the troll’s property? In the event that you in fact did, it is probably best to cease the infringement. This may be followed by a written document what you did to remedy the situation. It may not be necessary to communicate any of your actions to the troll. Nevertheless, if the troll substantiates the claim, it may protect you from additional damages.
Note that the violation of a legitimate patent or copyright is no longer the issue here. In most cases, the issue for the troll is to get a settlement, not to seek the truth. Your primary aim should be minimizing the settlement and not vindicating your business practices. Therefore, the best course of action is to ignore the troll. Moreover, aim to minimize response to it, minimize any grief it costs you, and stay focused on the bottom line.
Research for Alternative Ways to Fight Patent Trolls
When facing possible troll litigation, it would be prudent to research for alternative approaches to fight patent trolls. Researching will give you a good idea of where you stand and whether you should give the troll any attention. Other than bringing in a lawyer to deal with the matter, you have other choices. The choices are:
The Better Business Bureau (BBB)
The Better Business Bureau has grievance methods that even non-members can use. Here, a small business owner can file a complaint against the troll. You typically state your case in a written complaint and the BBB will ask the troll to respond.
Contact Your State Attorney General’s Office
In many states, laws and regulations have been passed against patent and copyright trolls. Strict laws require the trolls to have evidence of a violation before sending threatening letters. If a troll goes against the existing regulations, contact your state Attorney General Office.
Contact the Patent or Copyright Holder Directly
Trolls usually hire a law firm to press its claims. The patent or copyright owner and the law firm ending threatening letters are not the same entity. That implies that there is a chance that going around the law firm and putting pressure on the owner can work.
Create Public Pressure against Patent Trolls
The situation becomes terrible when the case escalates to the level where your company is spending thousands of dollars on attorneys. Sometimes, you can build enough support against a troll by taking your case to the public.
Hire an Attorney to Defend Against a Patent Troll
When a troll has filed an actual lawsuit against your business, you will have to hire an attorney. You must limit the damage to your firm. An attorney will get the case thrown out on a technicality. For instance, the troll might not be able to prove that they actually own the patent. After finding out that you are ready for a court tussle, the trolls will run away. They may even purport that they may have filed the case in the wrong jurisdiction. Your lawyer can also come in handy in the settlement talks meant to minimize the cost of the whole ordeal.
If you require more information about protecting yourself from trolls, feel free to contact us. We shall be ready to help.
