James sez, "Open Technology Institute at the New America Foundation published a new report on patent assertion and startup innovation. Authored by Professor Colleen Chien from Santa Clara Law, the report examines the experiences of venture capital investors (VCs) and startups with patent assertion including dealing with assertions from patent 'trolls' or non-practicing entities (NPEs). The report includes 'Views from the Trenches' with testimonials from VCs, startup founders, and patent practitioners offering commentaries and personal stories of the unique challenges startups and other small businesses face in dealing with the patent system as discusses how existing and potential legislative, judicial, and market-based responses and can be tailored to better meet the needs of startups and resource limited companies."
Recommendation 1: Fully fund the PTO and its
quality initiatives including tightening functional
claiming and expand low-cost access to the PTO’s
transitional program and other forms of post-grant
review by reducing fees for small and micro entities and
supporting and prioritizing collaborative challenges to
patents asserted against large numbers of defendants,
particularly by downstream users and small entities.
Recommendation 2: Make patent cases about the
merits, not about who can outlast or outspend the other
side, by permitting more discretion in awarding fees and
costs for non-core discovery and promoting uniformity
and early dispositive rulings, for example by requiring
the Patent Pilot Program to implement and measure the
impact of best practices.
Recommendation 3: Make patent risks more
manageable for startups by requiring demand letters
and complaints to disclose the real-party in interest,
claim charts, related litigations and reviews, and licenses
that could cover the target.
Recommendation 4: Make startups less attractive
targets by limiting the liability of downstream users and
the precedential value of the settlements signed by small
Patent Assertion and Startup Innovation
The Cobham catalog, exposed by The Intercept, features countless pages of surveillance gadgets sold to U.S. police to spy on American citizens: tiny black boxes with a big interest in you. In the creepily bland feature lists and nerdy product names is a whisper of a dark future; perhaps darker than anyone can imagine.
This image depicts the most commonly-found stylesheet colors on the web’s top sites—Paul Hebert did an amazing amount of analysis and this is just one of the intriguing visualizations he came up with. Most of these are obvious staples, especially HTML red and blue, though it’s interesting how far the blue “cluster” is from the […]
With the cacophony of an election year ablaze with unparalleled drama being fought on the front lines of Twitter, we find ourselves slowing down and staring at it like a bad accident. The need for escapist relief is perhaps more dire than usual right now. This fall, if it’s drama you crave, but the Hillary […]
The Avantree Powerhouse 4 Port Fast USB Charging Station brings high quality, high power, and still keeps your work space or home looking neat and organized. The best part about this charger is its capacity. It comes packing 4 USB charging sockets and a powerful 4.5A/22.5W output.. Its smartport technology means you don’t have to worry about frying your battery, either—it […]
With this comprehensive course in App & Game Development for iOS and Android, you’ll be able to take full advantage of this career opportunity without committing to going back to school full time. You’ll learn how to build immersive, interactive games and apps from start to finish using Python, C#, Unity, and HTML—some of the most in-demand programming […]
CloudPress is a responsive WordPress theme builder that allows you to create a whole site in less than 30 minutes. CloudPress comes with tools like pre-built headers, content blocks, and footers—all you have to do is pick what you like, and drag and drop. With your subscription, you get access to 13 professionally designed WordPress themes, over 80 […]