Use their own weapons against them.

Avatar is a registered trademark in the USA, owned for various classes by various companies.

Among others, IC 009. US 021 023 026 036 038. G & S: Computer software for the generation of web based computer programs and instruction manuals / IC 042. US 100 101. G & S: Business technology software consultation services are owned by iRise CORPORATION CALIFORNIA.

It may be worth pointing iRise corp to the derogatory and damaging use of their trade mark by a "computer programs" and "software consultation services" type of company. It doesn't cost you more than a letter.

I would recommend you to watch this TED talk. Maybe you could use some of advises that this guy gives.

And if you want to get annoyed, or learn more about it, you can listen to When Patents Attack. Doesn't give much advice though.

The US Patent office didn't want software to be patentable... but were supposedly leaned on by congress, and so now they just allow almost anything software-wise to be patented, without even checking if it had been previously patented or overly obvious. This explains why there are so many companies that have almost identical patents.

Free Software Foundation might be a good company to contact. They are most open-source supporters, but they are pro little-guy and against software patents in general and might be willing lend you a lawyer or give you some legal advice. There was also a small game-development law firm in the internet news a half-dozen months ago that was providing free or cheap legal assistance for studios - I don't remember the details though; anyone know who I'm talking about?.

Pubpat (Public Patent Foundation) is providing support against some other trolls going after app developers. I've contacted them about this now troll, threatening game developers. So far I know of 6 other small game developers who received threats of litigation from Treehouse over this patent. I can only assume the real number is at least 10x that.

Out of curiosity, do any of the new patent rules affect already granted patents, or do they only affect new patents?

The SHIELD ACT currently in debate in congress does not affect the patents themselves but rather the litigation over them. The loser of the litigation would be required to pay attorney fees, which is currently not the case. And since the trolls loose about 95% of the time it goes to trial they would have more at risk. Companies feel much better about pressing the issue to trial if they their fees would get reimbursed. It also requires the patent hold if they meet the troll criteria defined in the bill to put up a $50k bond prior to filing the lawsuit. This to effectively shut them out of litigating against small targets in mass.

Alas this bill will still be a few months from passing and won't affect suits already filed so their appears to be a mad rush by the trolls to get any suits filed before hand.

Use their own weapons against them.

Avatar is a registered trademark in the USA, owned for various classes by various companies.

Among others, IC 009. US 021 023 026 036 038. G & S: Computer software for the generation of web based computer programs and instruction manuals / IC 042. US 100 101. G & S: Business technology software consultation services are owned by iRise CORPORATION CALIFORNIA.

It may be worth pointing iRise corp to the derogatory and damaging use of their trade mark by a "computer programs" and "software consultation services" type of company. It doesn't cost you more than a letter.

Love it!

Man, this sucks. There is too much patent Yakuza crap and litigation going on these days. It seems that it is the new form of Cyber-bullying.

It is the worst feeling opening up one of those letters, though. I got my first one in the mail in March - LOL.

Your country sound wonderful guys, but there is a thing I don't understand, if these patent can't stand in front of a tribunal, why do you care anyway, why not just ignore the letter, and if they start a procedure, they will have to pay for it and you'll just have to defend yourself. Why would you need to start a procedure (and pay) to break the patent before any legal action from the troll ?

and if they start a procedure, they will have to pay for it and you'll just have to defend yourself.

And the system is broken, so they'll probably win too :/

and if they start a procedure, they will have to pay for it and you'll just have to defend yourself.

Because you have to pay to defend yourself. Even if you win, you probably won't be refunded for that.

And the system is broken, so they'll probably win too :/

Not to mention all the time you have to spend not developing your game, instead spending it talking to lawyers, sitting on planes to travel to whatever place they decide to sue you, the mental stress, etc, etc.

It doesn't matter what country you live in, if you sell your product in the US (and who doesn't with digital content in english?), they can sue you in an american court.