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If it's any consolation, hearing from a patent troll means you've built a successful product.


That's like saying that hearing from the Mafia means you now have a successful business. Hoorah, I guess...


More like: you look like you've got enough resources to pay out, but not enough to put up a good fight.

One of the problems with patent enforcement: the patent holder has the right, but not the obligation, to pursue infringement. Or in plain English: they can pick their fights.

If IBM, Mac's Komputer Shoppe, and Western States Services, Inc. all infringe, odds are good that the PatTrollCo will skip IBM (able to defend) and Mac (no assets) but nail WSS (big enough to have assets, not big enough to have attorneys on retainer or a significant patent portfolio).


And that you now own as little of the profits from it as they think you can survive on.


Except you don't need to make a profit to be subject to a lawsuit. Hobby or weekend projects are just as liable.


Well sure. But from a practical standpoint, a patent troll is far less likely to bother with someone who doesn't have reasonably deep pockets.


While this is generally right, it is also fairly common for patent trolls to go after some small fish they claim are violating a patent first to set a precedent of wins (or settlements) against opponents with weak legal war-chests.

A string of these small victories makes it much easier for them to shake down the big targets later... So while you PROBABLY won't be the target of a lawsuit unless you're very successful, there's a bit of a lottery that happens pretty often with these cases where some small percent of small targets do get run over by the patent holders on the road to the bigger guys. And if you happen to draw the short straw on that, it sucks to be you.




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