Standing Up to a Dangerous New Breed of Patent Troll
On March 20th, Cloudflare received our first patent infringement claim: Blackbird Tech LLC v. Cloudflare, Inc. Today we’re filing our Answer to that claim in a federal court in Delaware. We have very strong arguments we will present in the litigation, mostly because the patent asserted against us does not have anything to do with our technology.
The infringement claim is not a close one. The asserted patent, US 6453335 (‘335 patent) was filed in 1998, and describes a system for monitoring an existing data channel and inserting error pages when transmission rates fall below a certain level. Nothing from 1998—including the ’335 patent—comes close to describing our state-of-the-art product that is provisioned via DNS, speeds up internet content delivery, and protects against malicious attackers. Our technology is innovative and different, and Cloudflare’s technology has about 150 patents issued or in process.
We also expect to show that the patent itself is invalid. For example, if the ’335 patent is read broadly enough to cover our system (which shouldn’t happen), it would also cover any system where electronic communications are examined and redacted or modified. But this is not new. Filtering products performing similar functions were around long before Continue reading