comScore’s CEO Goes Thug, Sadly Does Not Win Case Using Either Fists Or Lawyers

OK, you got me.  Not “sadly” because WOO HOO, a troll lost!!  But sadly for them, I guess, if you’re the sort that feels sorry for loser trolls.  I’m not that sort, in case it wasn’t clear from every word I’ve ever written on the subject.

The background goes that comScore very deplorably sued three well-funded start-ups over software that shows you how many people saw your ad, clicked through to your ad, or skipped it altogether like I do 100% of the time.  First off, there were eight patents in the suit and several were many years old and very broad.  Really?

So, wait just a minute.  You’re saying that a company bought a group of old, nebulous patents and then sued small companies for infringement knowing full well that they were just funded enough to pay you a huge extortion fee license but not enough to fight you in court?  Hold up, isn’t there a name for companies like that?

By George, there is!  What you have here is the textbook definition of a Patent Troll.  A troll that evidently ripped a page from the playbook of Mr. Go-Thug himself and nearly got into a fisticuffs with opposing counsel because working for a troll lends itself to all manner of savory behavior, she said sarcastically.  Did Magid Abraham’s mother not teach him to use his words?  Good grief, Charlie Brown.

But then Oops!!  One of the three companies they sued, Moat, fought back.


“Oops?! Don’t say ‘oops’!!”

Here’s the crux of the issue, and we saw this as a possibility with Ericsson when they sold off their portfolio as well (quote from this pando article):

When a company is suing based on these grounds [i.e., old useless patents], it’s not about protecting IP, it’s about protecting one’s own ass. ComScore’s stock has been in a steady decline since it reported a loss in March. In its latest quarterly earnings report last week, the company’s loss widened to $6.6 million, and it lowered its revenue outlook for the full year. The company is struggling and this move reeks of desperation.  (A ComScore rep wasn’t immediately available for comment.)

Desperation is not a good business model.  Trolling, as we’ve all seen, is.  Or rather can be unless people fight back like Moat did.   And especially when they fight back and win, well, that’s even worse for the trolls.

And that leads me to this, the unveiling of a new feature here at IPTT called the Heroes Gallery:

Patent Troll Fighter Heroes Gallery

Here you will find a listing of companies who’ve fought back against trolls.  These are the people and companies we need to be celebrating and teaming up with and using as a resource for how to play the game and come out on the side of the guys with the white hats.  The list is evergreen, and will hopefully continue to grow as companies find ways to rid the patent landscape of the scourge that the trolls are.  I hope to make it a little flashier as soon as the kids stop asking me to feed and clothe them I get some free time, but it’ll do for now.

If you’ve fought a troll and won and don’t see yourself on the list, give me a shout and I’ll add you in.  As for Moat, welcome to the club, guys!!



With a very special thanks to my friend Tim who came up with the idea for the gallery.  Muchas gracias!

{Image from the best move ever made after the Star Wars franchise found here.}

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