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Patent trolls and the publication business in Aliso Viejo, California: A potential threat

Posted by James Burns | Sep 17, 2023 | 0 Comments

Aliso Viejo, California is a hub for the publication business, with a number of companies located in the city that produce magazines, newspapers, and other publications. However, the publication businesses in Aliso Viejo are also vulnerable to patent troll lawsuits.

Patent trolls are businesses that acquire patents, not with the intention of using them to create products or services, but rather to sue other businesses for patent infringement. Patent trolls often target businesses that are developing new products or services, as these businesses are more likely to be unfamiliar with the patent landscape and may be more willing to settle a lawsuit to avoid the risk of a costly and time-consuming trial.

The publication business is particularly vulnerable to patent troll lawsuits because of the wide range of technologies that are used in this industry. For example, a publication business may use patented software to create and edit content, patented technologies to improve the readability or accessibility of content, or patented methods of monetizing content.

Patent trolls can use a variety of tactics to target publication businesses in Aliso Viejo. For example, a patent troll may send a letter to a publication business alleging patent infringement. The letter may threaten a lawsuit unless the publication business pays a licensing fee. In some cases, patent trolls may even file a lawsuit without first sending a letter.

Here are a few recent public cases that illustrate patent lawsuits in the publishing sector:

  • In 2022, the US Court of Appeals for the Federal Circuit upheld a $100 million patent infringement verdict against Google in a case brought by Personalized Media Communications (PMC). PMC alleged that Google's AdWords program infringed on its patents for a system of delivering targeted advertising.
  • In 2021, the US Court of Appeals for the Second Circuit ruled that the New York Times did not infringe on a patent for a technology that uses artificial intelligence to generate personalized news articles. The patent was owned by a company called Recommind, which had sued the Times for patent infringement in 2018.
  • In 2020, the US Court of Appeals for the Federal Circuit ruled that a patent for a method of delivering targeted advertising to readers of a website was invalid. The patent was owned by a company called Immersion, which had sued a variety of publishing companies for patent infringement, including BuzzFeed, Gawker Media, and The Huffington Post.

These cases illustrate the wide range of patent lawsuits that can be brought against publishing companies. Patent trolls can target publishing companies for infringing on patents for a variety of technologies, including software, advertising, and artificial intelligence.

If a publication business in Aliso Viejo is sued by a patent troll, it is important to take the matter seriously. Patent troll lawsuits can be costly and time-consuming, even for businesses that ultimately prevail. However, there are a number of things that publication businesses in Aliso Viejo can do to reduce the risk of being sued by a patent troll.

First, publication businesses in Aliso Viejo should conduct a patent search before developing or launching any new products or services. This will help publication businesses to identify any patents that they may be infringing on. Second, publication businesses in Aliso Viejo should consult with an attorney to review any patents that they identify. An attorney can help publication businesses to determine whether or not they are infringing on a patent and can advise them on their options.

Finally, publication businesses in Aliso Viejo should be careful about using open source software. Some open source licenses may require publication businesses to obtain permission from the patent holder before using the software.

If a publication business in Aliso Viejo is unsure whether or not it is infringing on a patent, it is always best to err on the side of caution and avoid using the technology.

Here are some additional tips for publication businesses in Aliso Viejo to avoid patent troll lawsuits:

* Keep up-to-date on the latest patent trends and developments.

* Consider joining a trade association or consortium that can provide you with information about patent trolls and how to defend yourself against patent troll lawsuits.

* Have a plan in place for responding to patent troll threats and lawsuits. This plan should include a list of attorneys who specialize in patent law.

By following these tips, publication businesses in Aliso Viejo can reduce the risk of being sued by a patent troll and protect their bottom line. All businesses in threatened sectors for patent infringement lawsuits should seek an IP (intellectual property) strategy session to examine how to mitigate such exposure. Many VC and other investor firms like to make sure that companies they invest in will not be disrupted by lawsuits which costs time and money to resolve.

About the Author

James Burns

Estate Planning, Asset Protection, Business and Real Estate Transactions, nutraceutical Law and franchising:


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