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
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 […]
Today a future without schools. Instead of gathering students into a room and teaching them, everybody learns on their own time, on tablets and guided by artificial intelligence. Flash Forward: RSS | iTunes | Twitter | Facebook | Web | Patreon | RedditIn this episode we talk to a computer scientist who developed an artificially […]
Where are our petabyte drives? Brian Hayes takes us through the reasons storage is “stuck” in the low terabytes. The tl;dr is that we got such exceptional capacity growth in the late 90s and early 00s we don’t need much more right now, so the focus since then has been on SSDs, networking, interfaces, etc, […]
If you’re looking to earn a top salary in the tech industry, there’s no better career than coding. However, sometimes the hardest part of entering this career path is knowing where to begin.We took the Complete Web Developer Course because it took that decision out of our hands. This course teaches beginner-friendly coding languages that will also help land an immediate […]
To be a Pokémon master, you’ll need a phone that won’t constantly die on you. Because nothing is worse than seeing the screen go black right as you’ve finally found the Charizard of your dreams.That’s why we’re so excited about the LinearFlux PokeCharger Portable Battery ($39.99). With its 3.0 Amp HyperCharging technology, this slim battery will […]
The tech industry is constantly innovating, and in order to stay competitive, you’ll need to keep up. The Programming Into the Future Bundle was created to teach you the skills employers are looking for at this very moment, including in-demand coding languages like Google Go.The bundle of courses includes instruction on a range of innovative tools that advanced coders […]