In May last year startup FindTheBest.com, Inc. (FTB) from Santa Barbara received a charge from "patent trolls" - companies Lumen View Technology LLC (Lumen View) patent infringement US8069073 «System and method for facilitating bilateral and multilateral decision-making». Lumen View offered to settle the dispute by licensing cost 50 thousand. Dollars. CEO FTB Kevin O'Connor took it as a personal challenge and allocated 1 million. Dollars. Personal funds to conduct the litigation. As a result, FTB won the dispute and the company Lumen View will be forced to pay FTB expenses in the amount of 200 thousand. dollars. It was also reported that in November last year, the court decision patent was revoked, but official information about it could not be found.
This case is notable for the fact that the court отклонил requirement Lumen View oblige FTB keep secret the circumstances of the case, ie, not to inform the public.
Lumen View company filed a total of 21 action in the states of New York and Delaware. Many other victims Lumen View prefer to pay "ransom." Among them is called and the major players such as Monster, and small sites for job search as SnagAJob, TheLadders, and JobVite. Under the sight can get any sites that collect information about visitors preferences. For example, claims Lumen View got to find schools CollegeBound Network, to find internships and InternMatch to find travel companions Zimride.
This is perhaps the first time that District Court rule of law 35 USC 285 in the jurisprudence of the United States. This rule has become known as « Octane Fitness case », allows the court in exceptional cases prescribe compensation direct costs of the successful party against the losing party ("The court in exceptional cases may award reasonable attorney fees to the prevailing party"). In the case of Octane Fitness, this rule has been applied Supreme Court of the United States