Abusive
patent lawsuits are on the rise. Because many companies have to spend a
lot of time defending frivolous patent lawsuits, They are forced to
delay hiring new workers, raising wages and developing new products. The
key problem is the U.S. Patent & Trademark Office (USPTO) issue
patents that should have never been issued in the first place. Seeing it
makes it very possible for patent trolls assert the low-quality patents
in lawsuits. The accuse others of patent infringement all this even
though the patents being asserted will continue to go unused.
Case
in point..Newegg went against a company called TQP’, which claimed
Newegg infringed on its patent on SSL and RC4 encryption, a common
encryption system used by many retailers and websites for years. At
issue is U.S. Patent No. 5,412,730, Claims 1, 6, 8, and 9.
TQP
asserted that the patent covered any website using Secure Sockets Layer
(SSL) with the RC4 encryption cipher. TQP gone against over 100 other
companies, and brought in $45 million in settlements before going after
Newegg. Newegg’s trial was held in the Eastern District of Texas, which
is known for patent troll litigation and juries friendly to patent
plaintiffs. Newegg's largest competitor, Amazon, paid $500,000 to TQP.
Microsoft paid $1,000,000. In fact by 2014 TQP filed had 53 additional
patent lawsuits concerning the patent in this case, all of which quickly
settled.
Newegg decided not to settle. In a
jury trial TQP prevailed, and Newegg was ordered to pay $2.3 million. At
the time New Egg vowed to fight that result in the appellate courts. It
did and it won. TQP was counting on what other companies did have past.
Normally companies pay up and go away, but New Egg had a policy of
fighting. It has beaten trolls in the past.
Conclusion
The
sad truth is patent rolls ultimately do not do anything. They do not
build anything, develop new ideas, or create jobs (except for lawyers).
They are fake companies that buy up low-quality, unused patents and use
them to exploit weaknesses in United States legal system to extort
settlements from small innovators and businesses across America. Make no
mistake patent trolls or criminal enterprises. The only difference
between a patent troll and a street gang member is: The patent trolls
wears three-piece suits.