PublishedAugust 1, 2013

Trolling Effects a Smart Way to Combat Patent Trolls

Many a small business has been there.  In the owner’s hands a letter filled with tons of legalese that makes little sense.  They stare at the letter shocked, trying to figure out what the hell they are being accused of doing and how it means they might be liable for millions of dollars.  It is becoming too real a story in America today – the plight of the patent demand letter recipient.

That is what makes the Electronic Frontier Foundation’s (EFF) new effort, Trolling Effects, such an important development in stopping abusive patent trolling.  The website seeks to collect and publish the many demand letters that often hide in the netherworlds of office filing cabinets, never to see the light of day after a small settlement is reached.  They are trying to shed light on one of the most potent tools used by patent trolls – the threatening demand letter.

If successful, Trolling Effects should help to continue to highlight the patent troll problem, help us see patterns, especially from particular trolls, and bring transparency to the problem.  When advocates talk about the patent troll problem, it is very hard to both quantitatively and qualitatively describe the patent troll demand letter abuses that occur, and the extent of the economic harm they create.  Hopefully, by bringing transparency, it will both help efforts to fix the problem and allow it to be better understood.

EFF deserves huge kudos for organizing this project and we look forward to partnering with them on it.

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Josh Lamel

Josh Landau

Patent Counsel, CCIA

Joshua Landau is the Patent Counsel at the Computer & Communications Industry Association (CCIA), where he represents and advises the association regarding patent issues.  Mr. Landau joined CCIA from WilmerHale in 2017, where he represented clients in patent litigation, counseling, and prosecution, including trials in both district courts and before the PTAB.

Prior to his time at WilmerHale, Mr. Landau was a Legal Fellow on Senator Al Franken’s Judiciary staff, focusing on privacy and technology issues.  Mr. Landau received his J.D. from Georgetown University Law Center and his B.S.E.E. from the University of Michigan.  Before law school, he spent several years as an automotive engineer, during which time he co-invented technology leading to U.S. Patent No. 6,934,140.

Follow @PatentJosh on Twitter.

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