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Comment by eric-hu | Hacker News Reader

Consider a similar case where you probably favor the defendants. Random patent troll company registered in Texas files 1000's of lawsuits against companies that it alleges infringes on a trivial patent, i.e. one click checkout. All companies settle because the cost of going to court is greater than the requested settlement amount of $500k. Should we also see these companies admit that they infringed on (likely frivolous) patents?

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I get your point, but in that case, I'd rather see it go to court and the patent get invalidated. While settling might be good for the settling parties, it doesn't stop patent troll from making more frivolous suites, and I don't think it is better for society as a whole.

Just to be clear I don't think settlements are always bad. But there are definitely cases (in both directions), where settlements result in a worse outcome for society.

I distinctly recall cheering on old Newegg when a patent troll accidentally sued them. Newegg said they would be taking the issue to court, and actually prevented the patent troll from backing out of the suit, IIRC.

How could they have accidentally sued someone?

If I had to guess, in the general sense: when you run your mouth to the point of making legal threats, the person or firm you're threatening will start actual legal proceedings themselves because they think (or know) you're full of shit.

It's worth noting that that's not at all what Newegg claims happened.[0] So "accidentally" in this case is probably more accurately states as biting off more than one can chew.

[0]: https://www.newegg.com/insider/patent-trolls-learn-mess-newe...

I'd add on, maybe the first patent troll to sue (the old) Newegg didn't know Newegg would fight hard, but all future patent trolls to sue were put on notice, and should have been careful which bridges they moved under.

But, maybe somebody messed up and didn't check who was on the other end of the suit.

> How could they have accidentally sued someone?

I think the poster meant "accidentally targeted someone who would not only fight back, but also hurt the patent troll", not "accidentally filed a suit".

Or when companies issue a refund, even though they're not at fault, to avoid having to deal with nasty customers.

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