Hacker News new | ask | show | jobs
by Bluestrike2 3736 days ago
In this context, yes.

Newegg's actions were different, in that the patent owner's dropping the suit didn't actually resolve the question of infringement. It was still out there, and the patent owner could re-file suit at any point in the future. Between now and then, if Newegg were in fact infringing, monetary damages would continue to pile up. So the uncertainty can have a pretty significant impact on business decisions and impair their ability to operate. A request for declaratory judgment seeks to resolve that uncertainty so that both parties can get back to normal.

For Newegg, the request accomplishes a few things. It lets them clear the air, indirectly help solve the resulting from the remaining suits against retailers selling Rosewill products, and it's the legal equivalent of spiking the football and giving the troll a swift kick in the nuts. Minero Digital now gets to defend itself in a Delaware court, absent all of the little advantages of East Texas. It's a rather bad break for them.

Honestly, if I were a patent troll, I'd be scared shitless to send a letter to someone like Newegg. With their stance on patent suits, they're exactly the sort of company that would preemptively file a request for declaratory judgment after they were contacted.