[sorbus]

So, they have pending patents. And they think that your software is infringing on those pending patents. Those pending patents, which, being pending, have not yet been granted, and are therefor useless as far as litigation goes. Which makes your existing software prior art. Hmm.

Depending on how you're feeling, either tell the guy to fuck off, or try to get those (pending) patents invalidated.

[danbmil99]

You're missing the crucial point of submarine patents: if approved, they are enforced as of the date they were filed. So pending patents can in fact be used as a cudgel, to get licensees to pay for a guarantee that if the patent is approved, they won't be socked with outlandish royalty demands. It's like insurance. To a first approximation, the value of a pending patent is proportional to the probability that it will eventually be approved.

I'm reminded of Tony Soprano to an unhappy customer: "Satisfaction guaranteed, or double your garbage back!"

ps: recent rule changes mean that some patents (those that will be filed outside of the US) will be published 18 months after filing, even if they are not yet approved. Possibly not relevant here, as the troll would presumably want you to see the pending patent to prove the legitimacy of his threat.