Tuesday, June 23

EFF, having won patent fight over photo contests, wants its opponent to pay

The Electronic Frontier Foundation has advocated against problematic technology patents for years, but it wasn't until February that the organization directly represented someone who had been sued in a patent lawsuit. A little-known video website called Garfum.com owns US Patent No. 8,209,618, which it says covers online photo contests. It sued four small photo websites seeking royalties, including BytePhoto.com, a small business run by Pennsylvania photographer Ruth Taylor.

EFF labeled Garfum a "patent bully," but it was a bully that couldn't take a punch. After EFF filed a motion to dismiss the patent, Garfum replied with a brief explaining how its patent was special and eschewed "traditional databases."

That 19-page brief was all the fight Garfum's lawyers had. Once a hearing to consider the validity of their patent was scheduled, they dropped the case. Now EFF is seeking to make Garfum pay attorneys' fees.

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