Hacker Newsnew | past | comments | ask | show | jobs | submitlogin

It's a matter of perspective. A patent troll is just a big corporation's term for an inventor who seeks to make money by licensing his patented invention to others. The big corporation doesn't see any value in paying license fees when its internal R&D team come up with the same invention on its own. The inventor can't realistically compete with the big corporation, so he is branded a "non-practicing entity". The inventor can't get an injunction to stop the big corporation from shipping its product because of eBay v. MercExchange. When the inventor asks for too much, the big corporation will challenge the patent in court and/or the Patent Trial and Appeal Board (PTAB) instead of paying a license fee. The PTAB finds 40% of the patents it reviews invalid. [0]. Recent court decisions have also rendered entire categories of inventions unpatentable, regardless of how new and non-obvious they are. [1]. The inventor faces tremendous odds against him making any money whatsoever. Most patents are, in fact, worthless. [2].

So, from the patent troll attorney's perspective, he is fighting against injustice. He is an advocate for the little guy, the downtrodden independent inventor, who is being taken advantage of by the big evil corporation.

[0] https://www.patentprogress.org/2018/05/01/a-little-more-than... [1] See, e.g., Alice v. CLS Bank and various post-Alice Federal Circuit decisions. [2] http://ipassetmaximizerblog.com/the-dirty-little-secret-of-p...



> The inventor can't realistically compete with the big corporation, so he is branded a "non-practicing entity".

A characteristic of software that distinguishes it from most other industries is that software "inventions" are implemented as a work of authorship rather than a physical product. If you invent a new kind of battery and want to mass produce it, you need real estate for a factory, manufacturing equipment, factory workers, contracts with raw materials suppliers, etc.

If you invent a new kind of software, to mass produce it you distribute it over the internet, which is very inexpensive and within the reach of most everyone.

The result is that the small inventor generally can compete, but the very act of doing business makes it more difficult to enforce a patent against a big corporation, because as soon as you do they turn around and counterclaim with their own thousands of patents, many of which are invalid or not infringed but it doesn't matter because the litigation costs would bankrupt you.

The result is that the small inventor is hurt by software patents (the big corporation can in practice use them against the small practicing inventor but not vice versa), and anything that weakens or eliminates them helps the little guy. Meanwhile the entities that do initiate software patent litigation are commonly lawyers that have picked old software patents from the bones of dead businesses to use them to attack the surviving ones, which is obviously not a sympathetic business model. The attorneys doing this professionally are presumably aware of this.




Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: