Checkout http://www.agisinc.com/
As Steve mentioned, we just raised $50m, so we have to spend some real cash to get this invalidated, we'll do it. When we were smaller we would just pay these assholes off, but now we have a warchest we won't roll over so easy.
How do you know the company is failing? And why would that knowledge lead you to believe both that their inquiry was trollish and that it was responsible and appropriate to reply as you did?
Forgive me if I'm just missing the obvious; I have not studied the patents in question and I wouldn't know whether they were legit if I did. But I think of a patent troll as an entity which acquires patents from other companies/inventors for the sole purpose of litigating them, and this company does not appear to fit that model at all.
For the unlucky their is the patent system in which can be used to get ones fair share!
This is not a patent troll, rather it's a company still in business who is struggling. Are they supposed to just shut down and fail and give up their IP because of it?
In start-ups your either lucky or unlucky. The unlucky work just as hard as the lucky!
b) Name calling ("Piece of Shit", "assholes") and baseless accusations ("the company seems to be failing...") don't help your cause.
If you don't believe you're infringing or it's an obvious patent that should be invalidated, say why or keep your mouth shut.
Honest question: Have you read their patent ? If so, why don't you think it has merit ?
The whole thing is such a broken mess that giving them the standard prim and proper legal response only helps perpetuate a broken system.
Also, now they are going right to suing us instead of asking for a settlement. This is good for everyone else, because if we win, their patent is invalidated and they can't do this to another company.
I think Series B/C/D companies like us should take these more aggressive stands. We are big enough we don't have to roll over, but we are still small enough that we don't have to be beholden to our own legal departments.