Definition - "Patent Troll"

"PATENT TROLL" - Any party that intentionally misconstrues the claims of their patent to assert it against another. A patent troll does not have to be a non-practicing entity (NPE) or in any particular industry, all that is required is an intentional misconstruing of the claims in an attempt to extort money from another.


Disclaimer - All information and postings in this blog are provided for educational purposes only. Nothing in this blog constitutes legal advice and you should not rely on any information herein as such. If you do not have a signed engagement agreement with me, then you are not represented by me and you should retain your own attorney for any legal issues you are having.

Saturday, June 4, 2011

Hint of help for app devs? Just speculation...

Yesterday, @chockenberry (Craig Hockenberry creator of Twitterrific) posted on Twitter: "Do the developers affected by Lodsys a favor next week: don't ask questions about what's going on. We can't talk about it. #wwdctips"

Please listen to his request, as I am sure there is a good reason.  While I wish he could talk about it, please respect that there are reasons why he can not.

Though, I am in a mood to speculate this morning, so I asked myself "Why can't they talk about it?" and here are some possible reasons:

1.  Maybe the app devs are in confidential negotiations with Lodsys and agreed not to talk about it publicly.

2.  Maybe Apple's legal team is talking to the app devs and they agreed to confidentiality with Apple.

3.  Maybe the app devs are in a joint defense arrangement with other app devs and they agreed to confidentiality in the joint defense agreement.

4.  Maybe their legal counsel advised them not to talk about it.

5.  Maybe the app devs are just sick of all the bullshit surrounding the issue and don't want to talk about it.

I personally hope that this tweet is an indication that option 2 or 3 might happen, but I have absolutely no inside information and this is pure speculation.  What I do know is that litigation is stressful for most parties involved, especially a small company that may be inexperienced as a defendant in a patent litigation.

Whatever the application developers do, I hope they have retained their own counsel (even if option 2 or option 3 is occurring) to look out for their interests first.

If anyone thinks of anymore reasons (hey, I think I do a good job, but I am not infallible) to add to the list, let me know.


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