Just bring in the scanner manufacturers, big fortune 500s all. After all, we didn't write that scanner software, it was done by those big companies. They provided it to us, right?
If there was some patent infringement, it's their problem. We are all their licensees, right?
Find your natural allies. I doubt these patent trolls really want 5 or 10 multinational companies with lawfirms on retainer answering their troll threat letters. They want easy money.
You are using HP, Fujitsu, Kofax, some company like that's software, right?
Just send a demand letter to your scanner vendor, let them defend you. It's their fault, they wrote the allegedly infringing software. You didn't, they did.
They provided the software to you. Any infringing is their fault.
On second thought I would say "We may well have such scanner devices manufactured by Hewlett Packard, Brother, Xerox, Fujitsu, Canon and perhaps others. Each of them provided the equipment and licensed software to operate the equipment."
Then send out copies to each of those companies legal departments and their sales managers for this equipment.
See if the patent trolls have time to respond to discovery from 5 or 10 lawfirms. Fun!
This is what you call "finding your natural allies".
BTW, I actually do have all that scanner equipment. All different brands too. From Fortune 100 companies with legal departments and outside counsel on retainer. Great fun!
I think this is a pretty easy matter to deal with.
I would write them a letter and CC the scanner vendor's legal department. I'd say "We bought that scanner from Hewlett Packard (just an example), and they provided the software that we use with it. If there is a licensing issue take it up with them. We are their licensee."
If they happened to sue me I'd counter sue Hewlett Packard and bring them in. After all, they put me up to it by selling me the machine and providing that software. If it has to be licensed, they ought to have done that.
It'd just not my problem past that.
Now, if Hewlett Packard was countersued on 300 of these lawsuits they would have to do something, wouldn't they? Or they would be out of business.
What about my idea?
Julie,
What about my idea?
https://www.techdirt.com/articles/20130102/08174721543/patent-troll-shell-companies-shake-down-s mall-businesses-1k-per-employee-using-network-scanner.shtml#c292
Just bring in the scanner manufacturers, big fortune 500s all. After all, we didn't write that scanner software, it was done by those big companies. They provided it to us, right?
If there was some patent infringement, it's their problem. We are all their licensees, right?
Find your natural allies. I doubt these patent trolls really want 5 or 10 multinational companies with lawfirms on retainer answering their troll threat letters. They want easy money.
Send a demand letter to your scanner vendor.
Sam,
You are using HP, Fujitsu, Kofax, some company like that's software, right?
Just send a demand letter to your scanner vendor, let them defend you. It's their fault, they wrote the allegedly infringing software. You didn't, they did.
They provided the software to you. Any infringing is their fault.
Even more fun!
Even more fun!
On second thought I would say "We may well have such scanner devices manufactured by Hewlett Packard, Brother, Xerox, Fujitsu, Canon and perhaps others. Each of them provided the equipment and licensed software to operate the equipment."
Then send out copies to each of those companies legal departments and their sales managers for this equipment.
See if the patent trolls have time to respond to discovery from 5 or 10 lawfirms. Fun!
This is what you call "finding your natural allies".
BTW, I actually do have all that scanner equipment. All different brands too. From Fortune 100 companies with legal departments and outside counsel on retainer. Great fun!
Countersue the scanner manufacturer.
I think this is a pretty easy matter to deal with.
I would write them a letter and CC the scanner vendor's legal department. I'd say "We bought that scanner from Hewlett Packard (just an example), and they provided the software that we use with it. If there is a licensing issue take it up with them. We are their licensee."
If they happened to sue me I'd counter sue Hewlett Packard and bring them in. After all, they put me up to it by selling me the machine and providing that software. If it has to be licensed, they ought to have done that.
It'd just not my problem past that.
Now, if Hewlett Packard was countersued on 300 of these lawsuits they would have to do something, wouldn't they? Or they would be out of business.