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mattheaton

Member Since 17 Jul 2011
Offline Last Active Jul 12 2013 10:58 AM
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Posts I've Made

In Topic: Patent trolls attacking small indie developers

11 July 2013 - 01:48 PM

Use their own weapons against them.

 

Avatar is a registered trademark in the USA, owned for various classes by various companies.

 

Among others, IC 009. US 021 023 026 036 038. G & S: Computer software for the generation of web based computer programs and instruction manuals / IC 042. US 100 101. G & S: Business technology software consultation services are owned by iRise CORPORATION CALIFORNIA.

 

It may be worth pointing iRise corp to the derogatory and damaging use of their trade mark by a "computer programs" and "software consultation services" type of company. It doesn't cost you more than a letter.

 

Love it! smile.png  


In Topic: Patent trolls attacking small indie developers

11 July 2013 - 01:45 PM


Out of curiosity, do any of the new patent rules affect already granted patents, or do they only affect new patents?

 

The SHIELD ACT currently in debate in congress does not affect the patents themselves but rather the litigation over them.  The loser of the litigation would be required to pay attorney fees, which is currently not the case.  And since the trolls loose about 95% of the time it goes to trial they would have more at risk.  Companies feel much better about pressing the issue to trial if they their fees would get reimbursed.  It also requires the patent hold if they meet the troll criteria defined in the bill to put up a $50k bond prior to filing the lawsuit.  This to effectively shut them out of litigating against small targets in mass.  

 

Alas this bill will still be a few months from passing and won't affect suits already filed so their appears to be a mad rush by the trolls to get any suits filed before hand.


In Topic: Patent trolls attacking small indie developers

11 July 2013 - 01:41 PM


Free Software Foundation might be a good company to contact. They are most open-source supporters, but they are pro little-guy and against software patents in general and might be willing lend you a lawyer or give you some legal advice. There was also a small game-development law firm in the internet news a half-dozen months ago that was providing free or cheap legal assistance for studios - I don't remember the details though; anyone know who I'm talking about?.

 

Pubpat (Public Patent Foundation) is providing support against some other trolls going after app developers.  I've contacted them about this now troll, threatening game developers.  So far I know of 6 other small game developers who received threats of litigation from Treehouse over this patent.  I can only assume the real number is at least 10x that.


In Topic: Patent trolls attacking small indie developers

10 July 2013 - 01:51 PM

Yes, the patent would very clearly be ruled invalid, there's many problems with it in addition to decades of prior art.  The problem is the trolls know the cost/time it takes for someone to get it to court where it can be ruled invalid is huge.  So that's their leverage, it will cost you more to fight it than to simply give in and settle.  Even though they know full well the patent would get blown up at trial.

That's why they are trying to pick on smaller game developers.  They have even less resources at their disposal to fight, so make easy victims.


In Topic: Starpires

02 September 2011 - 09:49 AM

Making progress on the game, just surpassed 300 players. Launched a blog for the game at http://starpires.com/blog

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