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Don’t fight the patent. Fight the infringement.

May 10th, 2012

Drew Curtis serves as an inspiration for many small businesses and inventors — he went up against a patent troll and won.

The founder from tells his story on how he defeated a lawsuit against a frivolous patent. When other companies settled, Curtis stood strong and refused to pay them anything.

How did Curtis win? He fought the infringement, not the patent.

During the discovery phase of the lawsuit, in which either party can obtain evidence from the other side, Curtis’ team asked for screenshots proving infringed on their patent. The plantiff’s lawyer immediately called to settle, Curtis offered them nothing, and they agreed.

Here’s what worked for him:

  1. He fought the infringement, not the patent. Infringements are easier to defend.
  2. He chose to either demonstrate his company didn’t have any money, or made it clear he was willing to spend more on the lawsuit than a settlement.
  3. He made the process as difficult and annoying as possible.

He offers last words as his guideline for fighting frivolous patent lawsuits: “Don’t negotiate with terrorists.”

The full video is available below.

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