Beginning Next Week: InsideCounsel will become part of Corporate Counsel. Bringing these two industry-leading websites together will now give you comprehensive coverage of the full spectrum of issues affecting today's General Counsel at companies of all sizes. You will continue to receive expert analysis on key issues including corporate litigation, labor developments, tech initiatives and intellectual property, as well as Women, Influence & Power in Law (WIPL) professional development content. Plus we'll be serving all ALM legal publications from one interconnected platform, powered by, giving you easy access to additional relevant content from other InsideCounsel sister publications.

To prevent a disruption in service, you will be automatically redirected to the new site next week. Thank you for being a valued InsideCounsel reader!


More On

Patent trolls drop lawsuits against

Two patent trolls drop lawsuits against, after the discount online retailer fights back against bogus litigation claims

In patent wars, it's seldom you see the bigger companies filing litigation claims at the aggressors. However, recent movement on this front has caused two patent trolls to have a change of heart, as both dropped patent infringement lawsuits against, a popular discount online shopper retailer. 

So what did do to get the trolls to back down that other victims of litigation claims aren’t doing? Apparently, the only difference is that the company fought back. While has more means and legal budget to fight the likes of patent trolls, the company is crediting its wins on spending its legal budget in defense in abusive lawsuits and not on unjust settlements.

“Patent trolls find us unappetizing,” Mark Griffin,’s senior vice president and general counsel said. “While we have the highest respect for intellectual property rights, we don’t settle abusive patent suits — we fight.” 

According to a recent Legal News line report, Griffin noted that the most recent plaintiff to dismiss first proposed a “no-money” settlement, but insisted on confidentiality to keep the walk-away quiet, which refused.

The first company, Execware LLC, is a holding company with a portfolio of seven software patents, all related to contextual data modeling. After redoubled its defense in the case, Execware contacted Overstock's lawyers and confirmed they had decided to dismiss the case. A stipulation of dismissal was filed in the Execware case March 7 in the U.S. District Court for the District of Delaware.

The other patent troll, Eclipse IP LLC, came to a similar conclusion and dismissed its case against just last month. Eclipse, a national intellectual property and business law-focused firm, filed an order of dismissal in the Eclipse case Feb. 24 in the U.S. District Court for the Eastern District of Texas. Griffin said the company classifies Execware and Eclipse as patent trolls because of the “extortionate nature” of the suits they filed.


Related  news:

Patent troll bill moves through Wisconsin

More data needed in ongoing patent troll debate

Patent litigation shows sharp decline this year

Contributing Author

Stefanie Mosca

Bio and more articles

Join the Conversation

Advertisement. Closing in 15 seconds.