Thursday, December 8, 2011

Famed Patent Troll Smacked Down Over 'Anonymous' Threat Letter

We wrote the famous Erich Spangenberg patent troll and variety of shell corporations under his control a few times in the past. He is the man who told a court to pay $ 4 million patents to mix and prosecute around Shell companies in the same company twice with the same patent, despite an agreement for the first time costumes prevented the future. Spangenberg is also famous for its slogan, "Sue first, ask questions later," partly because he wants his request to be held in East Texas.

apparently not always continue in the first, but can not resist the secret anyway. On behalf of an anonymous "customer", the king sent (under the guise of IP Navigation Company) a letter to the revival of learning, asking them to begin negotiations on the infringement of a patent can not completely secret. He declined to name the customer

or patents
, but I wanted Renaissance to sign a gag that never talk about something that came out of the discussion. Renaissance, however, went to his local court in Wisconsin, and obtained a court order requiring Spangenberg to identify the patent and the patent holder to obtain an order that does not infringe the unknown owner of patent patents anonymous.

Spangenberg, perhaps regretting not following their "first demand" mantra, filed a motion to quash the East Texas, arguing that the court had no jurisdiction of Wisconsin (despite the Renaissance to be in Wisconsin). The court leaned toward an agreement with Spangenberg, saying he had raised "important questions" about the competition, but was a problem for the Wisconsin court to argue. In response, the court of Wisconsin analyzed the matter and issued a damning report on the letter Spangenberg enough threat is sufficient to request a declaratory ruling. While noting that Spangenberg may have been careful to avoid a direct threat (necessary for declarative sentence), the intent is clear ... and the court uses Julius Caesar and Anton Chekhov to the point:



Some might consider in drafting the Renaissance silky IP table and see an issue, this court, however, is a clear warning shot intentionally in the arc. The real message is transparent to any litigation of patent, so the IP navigation apophasis use is wrong and unnecessary. Remember Antony funeral oration in Julius Caesar? This is how an experienced business executive or lawyer to Nav IP asserts that "we focus on these issues without the need for costly litigation and long" and "method of choice for our customers is the conclusion of the discussions without license resorting to litigation. I hope to share that goal. "The implicit" or else! "Springs of the letter such as laundry lutefisk. To paraphrase an observation attributed to Anton Chekhov, not a gun hung the coat in the first act unless someone is going to shoot in Act III.
Nav-Perez joined a specialist "monetize" the patents for its clients to communicate with the Renaissance in his name. The fact that the correspondence was sent anonymously through a murderer hired proud of its "aggressive pursuit of patent infringers" reasonably rely "a different reaction than would a meeting and discuss research by a competitor, presumably with the intellectual property of their way to the negotiating table. "Hewlett-Packard Co., 587 F.3d at 1362. The letter makes clear that so-and-Nav IP already left in charge of analyzing the products of the Renaissance and concluded that "based ... infringement claims against products [Renaissance] services. " In addition, the refusal to Nav IP to identify their clients or the patents in question with a response time of ten days unnecessarily stringent, can reasonably be considered as components of a strategy to prevent renewal of obtaining data required to file a declaratory action of certainty, since this approach can be reasonably inferred that Perez was ready to plead, if necessary with the intent to reserve decisions about when and where to send your application, if the Renaissance to play ball. Then there is the demand for a deal of patience on one side is required to file a complaint does Renaissance, but imposes no reciprocal obligation Doe. This implies that reasonably Perez intends to enforce a patent and that there is a real controversy.

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