You always have to be prepared for challenges to your patents. However, the most annoying claims might not come from people who think that there is a legitimate issue with your intellectual property. Instead, they can come from “patent trolls” who exist only to torment IP owners and extort money from them. A California multitool patent lawyer can help you evaluate these threats of legal action and respond.
What Are Patent Trolls?
Patent trolls acquire patents with one goal. They are not trying to create something new. They do not want to revolutionize any markets or innovate. The patent troll just sues people and accuses them of using their patents. Usually, they ask for a small sum of money and just hope that you’ll pay up. They know that defending yourself from their claim will cost money, so they hope that you’ll just give them their money and allow them to move along to their next victim.
Why Are Patent Trolls Such an Issue?
The problem is that patent litigation is expensive and time-consuming. If you are a smaller company, it can seem like it’s just easier to pay what you’ve been asked to pay and move on.
This is a huge issue though. Once one company pays, the troll is emboldened. They can go after more and more businesses just like yours. Their reach can expand and expand, especially if their patent is vague or broad.
Patent trolls are more than a nuisance. They can stifle innovation and research efforts if people are sufficiently afraid of their frivolous lawsuits. It can sometimes be better to fight back, despite the cost and time involved.
What Should I Do If My Company Is Targeted?
You should meet with an attorney as soon as you are targeted by patent trolls. This is your intellectual property we’re talking about. A lawyer who knows about patents and IP can tell you if there is any validity to the troll’s claim. They can also help you explore ways to fight back.
The first step is to carefully analyze the patent itself though. Are there any “gaps” in this application that have left you open to this challenge? Then we can help you look into the person who’s suing you. Do they have a habit of filing lawsuits like these? Then they might be a patent troll.
You shouldn’t engage directly. Do any talking through your lawyer. In the meantime, we can help you figure out the best way to fight off this challenge, whether that means asking for the case to be dismissed or teaming up with other companies who are facing a challenge from the same troll.
Our Lawyers Can Help You Protect Intellectual Property
If you are facing patent trolls or any other threats to your intellectual property, you need representation. Contact Burns Patent Law and ask to schedule a consultation with our team. We can tell you more about what our attorneys can do to protect you and your company’s most valuable IP assets.