Troll will pay for everything
Patent troll Lumen View will pay the expenses of the opponent in a lost patent dispute .
(c) FindTheBest
FindTheBest: Director of Operations Danny Seigle and CEO Kevin O'Connor
The inscription on T-shirts: “Do not agree. The accord feeds the trolls. ”
Last May, the startup FindTheBest.com, Inc. (FTB) from Santa Barbara received a charge from "patent troll" - a company Lumen View Technology LLC (Lumen View) in violation of the patent US8069073 "System and method of facilitation". Lumen View offered to settle the dispute through the acquisition of a license worth $ 50,000. FTB CEO Kevin O'Connor took this as a personal challenge and allocated $ 1 million in personal funds for litigation. As a result, FTB won the dispute and Lumen View will have to pay FTB expenses in the amount of $ 200,000. It was also reported that the patent was annulled in November last year by a court decision, but no official information could be found.
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This case is notable for the fact that the court rejected the Lumen View requirement to oblige the FTB to keep the circumstances of the case secret, i.e. Do not report this to the public.
Lumen View filed a total of 21 lawsuits in the states of New York and Delaware. Many other victims of Lumen View have chosen to pay a ransom. They include such major players as Monster, and small job search sites like SnagAJob, TheLadders, and JobVite. Any sites that collect information about user preferences can be targeted. For example, Lumen View claims received a site to search for educational institutions CollegeBound Network, a site to search for internships InternMatch and a site to search for travel companions Zimride.
This is probably the first time that a district court has applied the provisions of Law 35 USC 285 in US court practice. This rule, also known as the “ Octane Fitness Case ”, allows the court to prescribe in exceptional cases the reimbursement of direct costs to the winning party at the expense of the losing party (“the court”). In the case of Octane Fitness, this provision was applied by the US Supreme Court . Observers believe that this is the beginning of a new positive trend in US law enforcement practice. Previously, the expenses of even the winning party were not reimbursed by the losing party, which created favorable conditions for patent trolling in the United States, where court costs were so high that the “violators” of patents, until recently, preferred to pay off the trolls.
(c) FindTheBest
FindTheBest: Director of Operations Danny Seigle and CEO Kevin O'Connor
The inscription on T-shirts: “Do not agree. The accord feeds the trolls. ”
Last May, the startup FindTheBest.com, Inc. (FTB) from Santa Barbara received a charge from "patent troll" - a company Lumen View Technology LLC (Lumen View) in violation of the patent US8069073 "System and method of facilitation". Lumen View offered to settle the dispute through the acquisition of a license worth $ 50,000. FTB CEO Kevin O'Connor took this as a personal challenge and allocated $ 1 million in personal funds for litigation. As a result, FTB won the dispute and Lumen View will have to pay FTB expenses in the amount of $ 200,000. It was also reported that the patent was annulled in November last year by a court decision, but no official information could be found.
')
This case is notable for the fact that the court rejected the Lumen View requirement to oblige the FTB to keep the circumstances of the case secret, i.e. Do not report this to the public.
Lumen View filed a total of 21 lawsuits in the states of New York and Delaware. Many other victims of Lumen View have chosen to pay a ransom. They include such major players as Monster, and small job search sites like SnagAJob, TheLadders, and JobVite. Any sites that collect information about user preferences can be targeted. For example, Lumen View claims received a site to search for educational institutions CollegeBound Network, a site to search for internships InternMatch and a site to search for travel companions Zimride.
This is probably the first time that a district court has applied the provisions of Law 35 USC 285 in US court practice. This rule, also known as the “ Octane Fitness Case ”, allows the court to prescribe in exceptional cases the reimbursement of direct costs to the winning party at the expense of the losing party (“the court”). In the case of Octane Fitness, this provision was applied by the US Supreme Court . Observers believe that this is the beginning of a new positive trend in US law enforcement practice. Previously, the expenses of even the winning party were not reimbursed by the losing party, which created favorable conditions for patent trolling in the United States, where court costs were so high that the “violators” of patents, until recently, preferred to pay off the trolls.
Source: https://habr.com/ru/post/288422/
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