Paul Allen's First Attempt At Patent Trolling Flops As He Forgets To Say Who Actually Violated What And How

from the it's-the-details-that-count dept

A lot of folks were pretty surprised back in August when Paul Allen jumped into the patent trolling game, using patents from his failed-over-a-decade-ago research firm, Interval Research, to sue Google, Apple, Facebook, eBay and others over some rather basic concepts. In his first attempt at patent trolling, however, it appears that he forgot to read the patent litigation rulebook. The lawsuit has been dismissed for failure to explain what the various companies actually did that was infringing. Of course, this is not the end of the lawsuit, as he's free to file an amended complaint (which he almost certainly will), but it certainly suggests some rather sloppy lawyering, which could be an indication of what's to come.


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  1.  
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    cgt (profile), Dec 13th, 2010 @ 5:09am

    There is only one thing to say at times like this: EPIC FAIL!

     

    reply to this | link to this | view in thread ]

  2.  
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    fogbugzd (profile), Dec 13th, 2010 @ 5:29am

    Failure is always an option.

    It may not be sloppy layering. He may be going for a presettlement. His lawyers may have known that they had such a weak claim that they didn't want to state it explicitly. A lot of IP lawsuits are based on the hope that the defendants will think it is cheaper to settle than it is to fight.

    If the plaintiffs had too pay the defendant's legal fees on summary judgments there would be a lot fewer on these lawsuits no matter whether they were due to a weak case or sloppy lawyering.

     

    reply to this | link to this | view in thread ]

  3.  
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    Johnny, Dec 13th, 2010 @ 6:31am

    Funny

    Funny I first read: "Paul Allen's First Attempt To Patent Trolling..."

    Come to think of it, if you "improved" the trolling process maybe you could patent patent trolling as a business process? Then there could only be one patent troll...

     

    reply to this | link to this | view in thread ]

  4.  
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    pringerX (profile), Dec 13th, 2010 @ 10:24am

    For every successful patent troll, there are probably a dozen miserable failures. What's worrisome is that there are successful ones at all.

     

    reply to this | link to this | view in thread ]

  5.  
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    I-Blz, Dec 13th, 2010 @ 10:39am

    Mike, Could you make a new file for patent trolling, or rename the patent one for patent trolling? That is all.

     

    reply to this | link to this | view in thread ]

  6.  
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    IronM@sk, Dec 14th, 2010 @ 7:42am

    Re: Funny

    ...to rule them all,

     

    reply to this | link to this | view in thread ]


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