A “Patent Troll Lawsuit” Landed In My Lap! Now What!?

March 27, 2018

They’re baaaaaaaaaccccck. Patent troll lawsuits, that is — and they’re targeting small businesses. If one lands in your lap, stay calm and don’t rush to pay; the plaintiff may be a troll, and you may not be at all liable.

Patent Troll Lawsuit: They’re Calculating You’ll Just Pay Without Exploring The Validity Of The Claim

Naturally, it’s intimidating to get an official-looking, accusation-strewn letter, from a complete unknown, demanding that you fork over $1,000 per employee or face a protracted lawsuit. In fact, it can be so nerve-wracking that many smaller companies opt to pay without researching the issue, which is what many patent trolls count on.

Unfortunately, additional troubles may lurk around small businesses that appease. Why? Well, “trolling” companies and their lawyers tend to know each other and share information. So, parties that just pay up, wind up with more questionable lawsuits landing in their laps.

Why do Patent Trolls Target Small Businesses?

For years, patent assertion entities made money by suing large corporations across the country.

However, things changed in May 2017 when the Supreme Court ruled that claimants could only sue companies for patent infringement in their state, which made things more difficult for assertion entities to carry on business as usual. So, they went hunting for new targets — smaller companies and startups.

Patent Troll Lawsuit: It Can Happen to You

Lately, patent trolls seem to be spawning exponentially. If you’re stung, some options:

  • Do Nothing: It’s hard to believe, but sometimes not responding to a threatening letter from a patent assertion entity is the best option. If you’ve only received one letter, wait and see if another comes.
  • Google the Patent: Do a web search for the patent and the suing entity. Then consult with an intellectual property lawyer. He or she can quickly assess the situation and develop a tailor-made plan built around the details of your situation.
  • Seek Advice: Get invaluable advice from an intellectual property attorney.
  • Don’t Panic: Even if a “patent troll” threatens you with a lawsuit, that doesn’t mean the suit will happen. Don’t panic, but get legal advice.

Has A Patent Troll Targeted You?

Is someone trying to sue you for patent infringement? Gordon Law Group’s Chicago business lawyers help entrepreneurs, startups, and companies with so-called “patent troll” lawsuits. Succinctly stated: We know how to shake them; and under the right circumstances, patent trolls can be forced to pay your legal fees!

Get in touch today to see how we can help you fight back against a patent troll.

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