Tuesday, September 23, 2014

Responding to the demands of patent assertion entities (PAEs)

Mondaq has a post titled
United States: How Should I Respond To A Claim Of Patent Infringement?

The post includes the text:

Although ignoring such a letter and hoping the patent owner will go away is one option, it is not without risk. Usually, such an approach turns out to be nothing more than wishful thinking. - See more at: http://www.mclane.com/resources/article-detail.aspx?id=1058#utm_source=Mondaq&utm_medium=syndication&utm_campaign=View-Original

HOWEVER, the 10th Annual IP Conference held by Foley & Lardner on Sept. 19, 2014 [titled "Evolution to Revolution"] included views by Matthew Miller of GroupOn which are somewhat different. Miller noted his budget does not allow negotiation based on "cost of defense." Using an analogy of a puffer fish, Miller effectively introduced the options of pay, slay, or spay.

When asked if the option of not accepting the demands of patent assertion entities was wise, Miller came up with one of the better lines of the conference, to the effect --the day I get burned there will be another guy sitting in this seat giving this talk--.


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