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I am working on a checklist (or list or strategies to consider) for new individual developers residing in the US who are about to release their first app, but are worried about patent trolls.

Whether publish the app as an Individual -- "SuperCalc by Earnest 'you wouldn't go so low as sue me, right?' Shmoe" vs as a company (eg., LLC) -- "SuperCalc by Come Sue My Impersonal Pants Off, Please, LCC" ... that is the question for today:

Since there appears to be no precedent for a Patent Troll suing an individual developer (that has published as an individual/sole proprietor under their personal name), could it be argued that it is actually safer to do that than to form an LLC?

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  • An LLC is a useful tool to protect family wealth in case of a law suit.
    – Eric S
    Commented Feb 8, 2019 at 0:41

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I think you're mixing correlation and causation here.

If there's no precedent for trolls suing individual developers then that's because most people create a company when their app becomes big.

I don't think anyone will not sue you just because you are an individual instead of a company if they think you're infringing their patent and they can make good money by it.

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