When a patent troll targeted BlueWave Computing with baseless infringement claims worth hundreds of thousands of dollars, the Atlanta-based IT services provider decided to fight back rather than settle. Sutherland Partner Ann G. Fort led the defense, and the plaintiff agreed to dismiss the case unconditionally when faced with litigation in U.S. District Court (Civil Action No. 1:12-cv-00995-SCJ: Project Paperless, LLC v. BlueWave Computing, LLC et. al.).
The case began in 2012, when Project Paperless, a non-practicing entity, made patent infringement claims against BlueWave, its clients and other small businesses in Georgia and Virginia, alleging that their use of printer/scanners on their networks required a patent license from Project Paperless. With Sutherland attorneys at their side, BlueWave responded aggressively by refusing to negotiate, identifying prior art that could invalidate the Project Paperless patents and naming major copier companies as third-party defendants. When Project Paperless realized BlueWave intended to take the case to trial, it quickly dropped the lawsuit. According to Dr. Steven Vicinanza, BlueWave’s founder and CEO, “Ann was on top of the case from the start. Her expertise and patent knowledge proved invaluable in our ability to go on the offensive, creating a scenario where the patent troll was forced to either spend time and money to defend itself or agree to dismiss.