Hacker News new | past | comments | ask | show | jobs | submit login

I understand that in principle, but is that the end of it in reality?

I'm pretty sure NewEgg was recently taken to court by a patent troll, and after the troll realized that NewEgg fights instead of paying, they backed off. Then NewEgg sued to get a judgement that would guarantee this couldn't happen to them again.

I know this is a different venue and there are topical differences. But are you absolutely certain that there is no counter-action Apple (or any company, for that matter) can pursue to get a judgment about this?




In this context, yes.

Newegg's actions were different, in that the patent owner's dropping the suit didn't actually resolve the question of infringement. It was still out there, and the patent owner could re-file suit at any point in the future. Between now and then, if Newegg were in fact infringing, monetary damages would continue to pile up. So the uncertainty can have a pretty significant impact on business decisions and impair their ability to operate. A request for declaratory judgment seeks to resolve that uncertainty so that both parties can get back to normal.

For Newegg, the request accomplishes a few things. It lets them clear the air, indirectly help solve the resulting from the remaining suits against retailers selling Rosewill products, and it's the legal equivalent of spiking the football and giving the troll a swift kick in the nuts. Minero Digital now gets to defend itself in a Delaware court, absent all of the little advantages of East Texas. It's a rather bad break for them.

Honestly, if I were a patent troll, I'd be scared shitless to send a letter to someone like Newegg. With their stance on patent suits, they're exactly the sort of company that would preemptively file a request for declaratory judgment after they were contacted.


This court case is over. But the fight for encryption was never really in court anyway, it was in Congress and the White House. It became obvious over the past month that there is still a lot of education on encryption that needs to happen.




Consider applying for YC's Spring batch! Applications are open till Feb 11.

Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: