Cloud flare Defeats Patent Trolls with a novel defense

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In summary, Cloudflare has successfully defended against patent trolls by using a unique defense strategy. By challenging the validity of the patents and counter-suing for deceptive practices, Cloudflare has been able to avoid costly settlements and protect their customers from frivolous lawsuits. This novel defense has set a precedent for other companies facing similar legal battles and has helped to curb the growing trend of patent trolling in the tech industry.
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Cloud flare uses crowdsourcing to find prior art to defeat patent trolls
https://arstechnica.com/tech-policy...-tying-cloud-services-to-old-router-hardware/

Once again, Cloudflare has proven that its unusual defense against meritless patent infringement claims effectively works to end so-called "patent trolling."

In a blog post, Cloudflare announced that its most recent victory—defeating a lawsuit filed by Sable IP and Sable Networks in 2021—was largely thanks to participants of Project Jengo. Launched in 2017, Cloudflare's program offers tens of thousands of dollars in awards to activate an army of bounty seekers and crowdsource submissions of evidence—known as "prior art"—that can be used to overcome frivolous patent claims or even invalidate patents that never should have been issued.
 
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Some interesting prior history was the lawsuit against the Carbonite Corp over their online storage of files. The story was detailed in an episode of This American Life:

https://www.thisamericanlife.org/441/when-patents-attack

https://www.thisamericanlife.org/496/when-patents-attack-part-two

In particular, a follow-up discussion on how to fix the problem of software patents by excluding them from patents since copyright protections already cover them.

https://www.forbes.com/sites/timoth...eme-court-should-invalidate-software-patents/

When I worked for a BIG computer company, we spent a lot of time writing and reviewing patent applications. Some programmers were totally against the idea.

I remember including some coworkers on one of my patent applications, and they wanted their names off of it even though they would get a small monetary award for having signed. I added them because, in my mind, they helped me come up with the idea, and I wanted to share in the wealth, but as the saying goes, "No good deed goes unpunished!"
 
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In my experience in the computer industry all the patent claims were bogus and were just a way for the strong to bully the weak.
 

FAQ: Cloud flare Defeats Patent Trolls with a novel defense

What is the novel defense that Cloudflare used to defeat the patent trolls?

Cloudflare's novel defense involved a strategy known as the "Prior Art Search." They crowdsourced information to find prior art that could invalidate the patents held by the trolls. By demonstrating that the technology in question was already known and used before the patent was filed, they were able to challenge the validity of the patent claims.

Who are patent trolls and why are they problematic for companies like Cloudflare?

Patent trolls, also known as Non-Practicing Entities (NPEs), are companies or individuals that acquire patents not to produce or market products, but to profit from litigation and licensing fees. They are problematic because they often target companies with frivolous lawsuits, seeking settlements or licensing fees, which can be costly and disruptive for businesses like Cloudflare.

How did the community contribute to Cloudflare's defense against the patent trolls?

Cloudflare launched a campaign called "Project Jengo," inviting the public to help identify prior art that could invalidate the patents asserted by the trolls. They offered bounties for useful information, effectively leveraging the power of the community to crowdsource the defense. This collective effort helped uncover evidence that the patents were not novel, thereby weakening the trolls' claims.

What was the outcome of Cloudflare's defense strategy against the patent trolls?

Cloudflare's defense strategy was successful. They were able to invalidate several patents held by the trolls, which not only helped them avoid paying hefty settlements but also set a precedent for other companies facing similar threats. This victory demonstrated that a proactive and community-driven approach could be an effective way to combat patent trolls.

What impact does Cloudflare's victory have on the tech industry and patent litigation?

Cloudflare's victory has significant implications for the tech industry and patent litigation. It shows that companies can fight back against patent trolls using innovative strategies like crowdsourcing prior art. This success may encourage other companies to adopt similar approaches, potentially reducing the number of frivolous patent lawsuits and fostering a more innovation-friendly environment.

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