How to beat a Patent troll Pt. 2

Beating a Patent Troll

Earlier in the semester I did a article explaining how to beat a Patent Troll. Here I want to continue the topic, although in relation to the TED video we just watched. Through this video Drew Curtis talks about his involvement in defeating a patent troll, along with a few key statistics. A few that  caught my eye, was the fact it takes an average of 18 months and $2 million to beat a patent troll, assuming you even win. The average blew my mind, and suddenly it became much more clear why so many companies choose to settle instead of debating the lawsuit, regardless if they have infringed.

Another fact that stood out to me is that most startups choose to settle, regardless of whether they have infringed or not. While Mr. Curtis did not specify why they choose to settle, personally I believe it would be from one of two reasons. First and most likely, is the startup is simply too poor to refute the lawsuit in court, and the settlement represents a much cheaper and safer option out. Secondly I think many new companies might have the means of which to fight the lawsuit, but simply be intimidated by the patent troll or misinformed about the exact nature of the infringement.

In the end, regardless of the reason, this highlights a rather disturbing way of which we treat targets of patent trolls.  By allowing this exploitive business model to continue, we are forcing our most innovative companies to expend precious resources and time on combating NPE's to defend their well earned inventions, eventually reducing incentives to innovate for future parties.