Q: What do you call 10,000 lawyers chained together at the bottom of the ocean…A: A good start.
I imagine I’m not alone in the category of business people who loathe large chunks of our legal system. Among the most repulsive are the patent laws. In a case announced today Apple has been hit with an absurd fine of $533 million over alleged infringement of patents claimed by SmartFlash LLC. Thankfully the ridiculous size and basis of the award will more than likely mean that it will be rightly thrown out in the appeals process but the award will likely encourage the foul occupation of patent trolling to continue.
Just in case you missed my earlier rants on this topic the patent trolls are essentially investment companies who buy up old patents (typically absurdly general and wide ranging ones granted before the patent courts had any handle on technology) and hold companies of all sizes to ransom by suing for infringement. The poster child for this process who just won against Apple has no employees, makes no product, has no revenues and only solely exists to attempt to exploit defunct overly general patents. This is a toxic business…it’s a tax on any company trying to business in this fair country and makes us look ridiculous as a nation. I wish Apple all the best possible luck in overturning this toxic verdict. The verdict was (of course) issues in the same East Texas jurisdiction as most of the other patent Troll cases. I have no idea why a particular set of Texan judges have set them selves up as the arbiters (and cheer leaders) for the patent troll cases but they have…one can only assume they have their own internal rewards structure in place to make it worth their while.
As in increasingly tech based economy this kind of nonsense is harmful to growth and stifling of innovation. Unfortunately the trial lawyers are a huge political force so getting legal reform is going to be an uphill battle. Until then us tech folk will keep wasting time and money fighting absurd law suits…Thank you Texas