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by orzig 1830 days ago
Bad idea for the sake of discussion: Why not represent yourself, make the whole process as public as possible (marketing to offset the cost of time), and do everything you can to asymmetrically use their lawyer's time? Even if you end up settling, they might come to the table a little more eager to get it over with
2 comments

Going public works if a) you own the newspaper or b) your story can pull some serious societal heart strings. Unfortunately the public at large is largely ignorant to the mess that the software patents are, it’s hard to see this getting traction.

Also representing yourself is not quite like in the movies. There’s typically no sympathetic judge willing to bend the rules, etc. etc. The bureaucratic machine is quite efficient at following the letter of the law, so you’re putting yourself at a disadvantage by being a non-professional.

Because this is a distraction from your business, and distracting you IS their business. Every hour spent on legal affairs, playing on their turf, weakens you and strengthens them.

Patent trolls have no reputation to ruin, so you can’t shame them by being very public.

Unless this is a particularly outrageous case or you are a very well-known person I doubt you can get much marketing benefit from a public fight.