Patent Defendant Turns the Tables With Rarely Used Strategy

There was a time when E-Pass Technologies had Palm on the defensive, accusing the company of infringement on its handheld devices and seeking huge royalties. But the tables have turned: Palm and other defendants that E-Pass sued are going after the inventor's patent holding company for millions of dollars after a judge scolded E-Pass for its conduct and awarded attorney fees to the defendants. A Ropes & Gray attorney who represents a Palm spin-off in the case said it may become a more popular tactic.