Well Respected VC Firm Comes Out In Favor Of Independent Invention Defense Against Patent Infringement Lawsuits

from the good-news dept

Seeing as we were just talking about claims from a patent attorney that no legitimate VCs can be against software patents, it's good to see that one of the most respected VC firms in internet-related issues, Union Square Ventures has come out strongly in favor of an independent invention defense against patent infringement. This is great. I have no idea if I helped to make this come about, but a year ago, Union Square partner Fred Wilson had spoken out about how patents were harming his portfolio, and suggested some ways to fix the system (not including an independent invention defense). I responded with a post suggesting he consider an independent invention defense beyond his proposals, as it would really solve a lot of the problems. So it's really fantastic to see the firm take a stand on such an important issue -- proving once again what a lie it is to claim that VCs require patents. From Union Square partner Brad Burnham's post:

Almost a third of our portfolio is under attack by patent trolls. Is it possible that one third of the engineering teams in our portfolio unethically misappropriated technology from someone else and then made that the basis of their web services? No! That's not what is happening. Our companies are driven by imaginative and innovative engineering teams that are focused on creating social value by bringing innovative new services to market.

Our companies are being attacked by companies that were not even in the same market, very often by companies they did not even know existed....

I know of no case where the engineers in one of our companies were aware of the patents that are now being used to attack them. The moral rightness of this screams at me. If, as an engineer focused on solving a problem, I happened to come up with an idea that is in some way similar to yours, then that in itself should suggest that it was obvious and not patentable. Unfortunately, that does not really help. There, the burden of proof is still on the startup and it is still smarter to settle than to burn precious capital on a defense.

If, on the other hand, the troll was required to show the startup had some prior knowledge of their technology, the burden would be shifted to the attacker, and this blatant abuse would come to a grinding halt. If you believe as I do that innovation is key to social progress, please support patent reform. It is a complicated issue, but an independent invention defense is an obvious place to start.

It's really difficult to see how anyone can be intellectually honest with themselves and not be in favor of an independent invention defense. It's difficult to see how anyone could justify the idea that even if someone comes up with something totally independently, they can't use their own inventions.

Filed Under: brad burnham, fred wilson, independent invention, patents, venture capitalists
Companies: union square ventures

If You Want To Attract Venture Capital, Don't Tell VCs Anything

from the we-need-money,-but-for-what-we-can't-say dept

The news that the micro-blogging/message service Twitter has attracted a round of venture capital funding has been greeted with the requisite back-slapping and congratulations, but also with some bemusement by folks wondering what the company's business model is. Even the investors, Union Square Ventures, don't know yet, and say the investment will go towards making Twitter "a better, more reliable and robust service." Paul Kedrosky offers an interesting take on the matter by saying that for companies looking for VC money, business plans and profits are overrated. He contends that offering VCs a detailed business plan only gives them more things to nitpick, while early profits can overinflate their expectations, so it's better for a startup looking for cash to go light on both. It's easy to take his point to an extreme and say it's yet more evidence that we're in another bubble, but Kedrosky really seems to be saying that startups shouldn't pitch their detailed plans to VCs, and not that they shouldn't have one at all. Of course, regardless of whether you have business plan or not, if you can grab the traffic and attention of something like Twitter, there will be plenty of VCs ready to open their wallets, either as a vanity investment, or because they know they should be able to flip the company to a bigger buyer pretty quickly -- much like Union Square did with a previous investment, the social-bookmarking service Del.icio.us, which was later bought by Yahoo.

Filed Under: startups, vc
Companies: twitter, union square ventures