Serial plaintiff
eDekka filed more than 100 lawsuits last year alone, making it the top patent troll in terms of number of lawsuits. Most of its targets, like 3balls, are retailers doing straightforward sales online. Other defendants included Fab, Harry & David, Dress Barn, the NFL, Etsy, and Estee Lauder.
The mysterious shell company was one of a few entities that drove last year to an all-time high in terms of patent lawsuits filed. It has scored a large number of fast settlements with big companies, which suggests the company’s strategy is to ask for “low” settlement amounts with minimal effort.
The company filed 87 of those lawsuits in a single week in April due to a rumored deadline that a patent reform bill would tighten up all the filing rules for all complaints filed after April 24. In some versions, reformed rules would have forced trolls like eDekka to actually explain how their targets infringe their patents. However, that’s not currently a requirement, and patent reform still hasn’t passed.
eDekka appears to be a creation of Austin Hansley, the Texas lawyer who represents it. Its style of litigation is identical to the #2 and #3 most prolific patent trolls of 2014, who are also represented by Hansley. Hansley didn’t respond to a request for comment from Ars about the eDekka order.
The eDekka patent was originally invented by Donald Hejna, a Bay Area entrepreneur and inventor whose company, Enounce, previously sued Apple for infringing a patent related to variable-speed video playback. Enounce claimed it was the first to create technology allowing users to “speed up or slow down the playback rate” of Adobe Flash videos without sound problems.
The ‘674 patent was filed in 1992, and it was granted to Hejna in 2001. Under prevailing patent law in 1992, the patent would have survived 17 years from its issue date, meaning it would have expired in 2018. US Patent Office assignment records show that Hejna sold the ‘674 patent to eDekka in 2013.