Ditto Turns To Indiegogo For Help Battling Patent Lawsuits (Including One From 1-800-Contacts)

Ditto, a startup that helps users virtually try on different pairs of eyeglasses, has launched an Indiegogo campaign to help fight a big threat — the company says it’s being sued by 1-800-CONTACTS and another company called Lennon Imaging Technology.

Ditto’s technology allows users to create webcam recordings of their face, which they then use to see how different designer glasses will look with their facial shape and size. Both Lennon Imaging and 1-800-CONTACTS are claiming that this technology infringes against their own patents. But Ditto’s campaign describes them as “patent troll” lawsuits — Lennon is a non-practicing company, meaning that it doesn’t have a product or service of its own, and Ditto co-founder and CEO Kate Endress said 1-800-CONTACTS (which is owned by WellPoint) didn’t purchase the patent in question until after the company’s CEO visited the Ditto website.

1-800-CONTACTS did not respond when I emailed for comment. However, the Electronic Frontier Foundation published its own blog post in support of Ditto and saying that 1-800-CONTACTS has “a long record of using the courts to bully its competitors.” That prompted a complaint from the company’s lawyer saying that 1-800-CONTACTS is not a patent troll. The EFF writes:

Sure, the company is not a classic patent troll — a shell company that does nothing but buy patents and sue—but it’s little better. Patent trolls generally want to use the club of litigation to extort licensing fees. But all indications are that 1-800-CONTACTS isn’t interested in a license from Ditto. Rather, it wants to destroy the competition.

And indeed, Endress said she’s in a tough spot, where “we cannot afford to win” — in other words, the company doesn’t have enough money to defend itself in court, and even though Ditto has raised venture funding, the threat of litigation scares off any additional investment. The company has already had to lay off three engineers, Endress said.

That’s why the company has turned to Indiegogo to fund its legal efforts. (Endress said the money will only go towards legal costs.) So far, it has raised about $5,700 of its $30,000 goal. However, the campaign page states that Ditto is looking at $30,000 to $100,000 in legal fees over the next three to six months (and potentially much more afterwards), so I’m guessing Ditto could use significantly more help.

via TechCrunch » Startups http://feedproxy.google.com/~r/techcrunch/startups/~3/KzTeQMV0Nqk/