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
This gadget does exactly as promised: it looks like a thumbdrive (sort of) and fries the circuitry of any computer it’s plugged into. It’s made from camera flash parts, is charged with a standard AA battery, and delivers a 300V zap of DC destruction to the port for all your USB-murdering needs. Note that this […]
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 […]
Loot Crate is a totally different kind of subscription service that mails subscribers monthly boxes filled with curated geek, pop culture, and gamer paraphernalia. Its cult following awaits a box every month filled with everything from bobble heads to T-shirts to special edition collectibles. But nothing gets Loot Crate fans as excited as the limited […]
The ARMOR-X Mini Flexible Phone Tripod is a smartphone tripod that is designed with flexible legs to rest on virtually any type of surface. Other tripods have proved useless unless I conveniently have a flat surface in front of me, which is why this particular tripod was appealing enough to try out. The ARMOR-X is compact and easy […]
You don’t need to get an advanced degree and take out massive loans to become a coder. This bundle of 10 courses was designed to teach anyone to code at home for less than it costs to go out for dinner. I was particularly impressed with this new 2017 bundle because it includes courses on […]