How to fight back against a patent troll
- by admin
When the Israeli patent troll, TekSavvy, launched a patent application against Samsung, it got a big help from the US.
The US Department of Justice filed a lawsuit against the Israeli company.
The case was a landmark case for Israel and Samsung.
The suit challenged a US law that makes it illegal to make or distribute electronic devices or software that infringes a patent.
The law, the US patent troll said, prevents it from suing a foreign company for patent infringement.
The judge who heard the case was Benjamin Kaplan, a lawyer who has defended many US patent trolls, including TekSavvier.
“TekSavvy did not do this on its own, but was assisted by US law enforcement officials, who provided them with detailed and detailed information about the relevant patents,” Kaplan wrote in his ruling.
In the end, Kaplan agreed with the plaintiffs that the US law is not a sufficient remedy.
“There is a strong likelihood that the United States would prevail on this claim,” he wrote.
In an interview with Al Jazeera, Kaplan said that the patent troll had an incentive to pursue the case because “the government has not adequately explained why it is in violation of the patents, including the alleged ‘strict liability’ doctrine.”
The ruling on Tuesday was a major victory for the US-Israeli patent troll and a major setback for Samsung.
While the US court rejected the complaint, the case will not be heard until February.
Samsung, which has already paid damages to the US government, will be forced to pay damages to TekSavvys attorneys for the period the case is pending.
“It is clear that the plaintiffs have not fully satisfied the burden of proof to establish that they are liable for infringement of a US patent,” Kaplan said.
“This case will now go back to the courts for an answer on that question.”
The decision also means that the lawsuit against TekSavvaly will be decided by a jury in the US District Court for the Northern District of California.
In June, Samsung filed a counterclaim against Tek Savvy.
The court sided with the Israeli firm.
In a separate case, Samsung said that it had no legal obligation to help TekSavverys defend itself against the complaint.
“The United States government, however, did not have to intervene to defend Samsung,” Kaplan concluded.
Samsung did not respond to Al Jazeera’s requests for comment.
When the Israeli patent troll, TekSavvy, launched a patent application against Samsung, it got a big help from the US.The…