Patent Troll Target Turns Troll Hunter

All In Magazine reports that a digital entertainment enterprise is going after patents with an application for patent re-examination by the USPTO. Bodog founder Calvin Ayre explains here:

A patent reexamination is a process in which the U.S. Patent and Trademark Office (USPTO) is advised of the existence of "prior art" that raises a "substantial new question of patentability". "Prior art" simply means public information that may impact an assessment of whether the patented invention was valid. Since a patent is only properly granted when an invention is genuinely novel and unobvious, if invalidating prior art exists, then a patent granted with respect to that invention is not valid. True inventors with legitimate patents have absolutely nothing to fear from a petition for reexamination.

...

"We intend to review every patent being used by 'licensors' that abuse the patent system in the guise of representing legitimate inventors," says Mr. Ayre. "Through no fault of its own, the USPTO is under-funded and overwhelmed and we have the resources to support the research into whether these patents should have been issued in the first place. We intend to fund and seek reexamination after reexamination of invalid patents, and we encourage others that have received demand letters offering to 'license' these technologies under threat of litigation to join us. Acting independently, the 'settlement math' almost always favors the aggressor, but together we can turn the hunters into the hunted."

This is the sort of patent news that used to be covered well by the Patent Troll Tracker blog before it was shuttered.

Update: Patent Troll Tracker probably would have provided the background information we had to find out about from this article posted today in Poker News at PokerListings.com.

1st Technology claims the downloaded software used by Bodog customers for gaming violates patents held by the company. It took its case to court, and a company affiliated with Bodog was served with the paperwork at the time.

When Bodog didn't respond in court, 1st Tech was awarded a summary judgement of $45 million as well as the Bodog.com domain name.

Bodog is now fighting the summary judgment and claims the company served with the original paperwork in the lawsuit is not a part of the Bodog corporation.

Filing for a reexamination of the patent will not affect the summary judgment in the lawsuit between the two parties, but Bodog said in a press release it hopes the move will prevent 1st Tech and its founder from attacking other online gambling sites.