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This is why software patents are such an evil. If you've been granted a software patent it's fairly easy to shake down someone that's allegedly infringing because it's cheaper to pay the amount demanded than it is to litigate. For this very reason, a tactic used by some patent trolls is to go after small companies that they know can afford the "license fee" but can't afford to fight back in court. Lodsys are well-known for this.

Some companies with deep pockets are now fighting back at patent trolls to make it as expensive for them to do business as possible, and possibly even invalidating the patent in question. Regular ol' software companies obviously can't afford this, as it comes with price tag in the millions.



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