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Patent troll sues X-Plane

symbolset (646467) writes | more than 2 years ago

2

symbolset (646467) writes "X-plane is a cross-platform flight simulator app, notably the only serious one that supports Mac OSX and Linux. It's under threat by an NPE (Non Practicing Entity), Uniloc, suing for things X-Plane has done for decades. X-plane cannot afford to defend this suit, so if somebody doesn't step up and defend them then we lose X-plane forever."
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Federal Rules of Civil Procedure rule 68 (1)

Spazmania (174582) | more than 2 years ago | (#41333945)

Hard to see how you could be hurt by making a rule 68 offer of settlement for $20, a non-disclosure agreement and an agreement to change future versions of your software to work around the alleged patent. Won't cost more than about a hundred bucks to prepare and serve and it leaves the troll in a position where if they don't accept they are automatically liable for damages unless they win.

http://www.law.cornell.edu/rules/frcp/rule_68 [cornell.edu]
http://www.settlementperspectives.com/2008/09/rule-68-and-offers-of-judgment-part-i-how-they-work-and-why-you-should-care/ [settlement...ctives.com]

Re:Federal Rules of Civil Procedure rule 68 (1)

Spazmania (174582) | more than 2 years ago | (#41334075)

Also, bear in mind that until they ask the court to start discovery, it's all just words. They paid $50 to file a lawsuit and another $50 to serve you. That's it.

If you're not comfortable with the law (and it sounds like you aren't) then pay your lawyer to review their communications for any non-obvious nuance and to review your communications for danger before you send them. But then read and write yourself. It's a lot cheaper and if the planitiff obviously has no case (or litigating your case could hurt him against a bigger fish) he'll be motivated to back away.

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