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Patent Troll Lodsys Settles for Nothing to Avoid Trial

Posted by djohnston on · 8 comments
Electronic Frontier Foundation; By Daniel Nazer
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Today we learned just how determined the patent troll Lodsys is to avoid a ruling on the merits of its claims. When software security company Kaspersky Lab refused to surrender, Lodsys settled for nothing (yes, you read that right—absolutely nothing) rather than take its claims to trial.

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Comments (8)

What if Kaspersky had refused to settle entirely? Would the Lodsys then have had to drop its case in order to avoid trial?

Settling out of court seems silly for nothing.
Settling the case gave Lodsys the opportunity to negotiate the terms of the settlement. Terms like non-disclosure criteria. They came away with an enforceable contract of some sort.

Simply dropping its case would have left them without any stipulations or recourse.
Exactly. It was still, to some degree, a win for Lodsys, since they have "lived to fight another day".
> Settling out of court seems silly for nothing.

I imagine Kaspersky now has a signed statement that they do infringe on any Lodsys patents and that Lodsys has no right to pursue the matter in the future.
"that they do infringe"

JD, do you mean "don't"?
I'd like to see Kaspersky sue Lodsys for barratry.
"barratry". I had to look that one up. I don't speak legalese. "Litigation for the purpose of harassment or profit" looks like a doable concept, though. Retribution or retaliation from Kaspersky, anyone?
> JD, do you mean "don't"?

Yes. I'll leave it up that way though. No reason to get people thinking I can type at this point.

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