Dear Google: We're Suing You For Patent Infringement... But Not In A Litigious Way
from the it's-just-our-way-of-saying-hi dept
Specifically, the filing suggests that the inventor really, really doesn't want to file a patent infringement lawsuit, and is really hoping that Google doesn't think it's litigious or get upset about it. Instead, the inventor claims that legal precedence forced him to file the lawsuit rather than negotiate. What legal precedent? One that would have allowed Google to file for declaratory judgment in a more favorable court. The inventor was afraid that if he kept talking to Google, they would do so, and that would be bad. He had contacted Google, via an unsolicited email, which Google responded to saying they weren't interested. Following that, he decided the only thing to keep the negotiation ongoing would be to file a lawsuit:
Further, as Priest & Morris, in good faith, only wish that the invention be used to its fullest potential, and have a strong wish that precious court and corporate resources be conserved, the plaintiffs prefer reaching this fair settlement through friendly appreciation and negotiation. In any event, we encourage defendant to not view this complaint as 'litigious behavior' and to view it in respective good faith and action.As Goldman notes, it's pretty difficult not to view filing a lawsuit as litigious behavior because, well, it is litigious behavior.