Wednesday, April 15, 2015

Blog 28: Drew Curtis: How I beat a patent troll

He starts his talk saying that his company Fark.com was sued along with many other large corporations such as Yahoo, MSN, Reddit, AOL, TechCrunch and others by a company called Gooseberry Natural Resources. Gooseberry owned a patent for the creation and distribution of news releases via email. Now it may seem kind of strange that such a thing can actually be patented, but it does happen all the time.

Curtis explains that the problem with these patents is that the mechanisms are obscure and the patent system is dysfunctional, and as a result, most of these lawsuits end in settlements. And because these settlements are under a non-disclosure agreement, no one knows what the terms were. And as a result, the patent troll can claim that they won the case. Also, “Patent troll” is a term given to anyone who files a patent for something already being done, and then sues the people already doing it


He explains that one of the major problems with patent law is that, in the case that when you are sued by a patent troll, the burden of proof that you did not infringe on the patent is actually on the defendant, which means you have to prove that you do not infringe on the patent they're suing you on. And this can take quite a while. You need to know that the average patent troll defense costs two million dollars and takes 18 months when you win. That is your best case outcome when you get sued by a patent troll.

Watch the video: http://blog.ted.com/6-talks-about-problems-with-patents/



6 comments:

  1. Hi Vruti,

    Nice analysis of the Drew Curtis Ted Talk. I thought your summary and highlights of his key points in his presentation was quite thorough and clear. I'm just curious about your thoughts on patent trolls, especially with the way Curtis presented it? He really was quite aggressive towards them and his techniques were quite unfamiliar so maybe next time, you can highlight your opinion more so on the information presented, but otherwise awesome post!

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  2. Great summary! I think Drew Curtis set a precedent here and hopefully more people/organizations affected by patent trolls will gain the courage to fight back! Great analysis!

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  3. Great video Vruti. I think that Drew Curtis was very bold in his approach to taking on a patent troll. He stood up for what was right and it paid off for him in the end. Great analysis. Keep up the good work.

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  4. Hi Vruti, this is a great summary of Drew's talk. I like your explanation on patent trolls, and I like how you mentioned the exact flaw of this system, that the burden of proof of infringement is actually on the defendant, which is very hard to prove..

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  5. I really liked what Drew Curtis said and you did a wonderful job of summarizing it. I think that he took a risk to stand up to the trolls, but in the end called their bluff. I think that he ultimately determined the weakness of patent trolls.

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  6. Vruti,
    This is a great post. I really liked to see that you pointed out that patents litigation works fundamentaly differently than criminal precedings. The fact that the defendant is guilty of infringement until they prove otherwise seems like such a skewed way to run a legal system.
    Mark

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