We are worried about a whole bunch of companies copying our ideas. We are just now starting sales; and in fact have resisted shipping product until it was ready for prime-time; we could have had sales 2-3 years ago, if that is all we wanted; but we wanted a perfected product. Yes, we like patent enforcement companies because they might be our only path to revenue if we fail in the marketplace. Hopefully we have enough of a niche market where we can build cash reserves before competitors start infringing and we need to sue; otherwise, we will have to sell/license our patents to a patent enforcement company. Thanks for you concern that we are infringing, but our review indicates that we are not infringing.
Yep, when a company is new, they really can't enforce their patents against other companies unless they sell their patents for a patent enforcement company such as Intellectual Ventures, but out company expects to have the revenue to support litigation against infringers in 2015, so we are glad we started filing patents in early 2009. We planted good seed when we could, and harvest starts soon.
Now that 95% of all patents in Inter Partes review in the Patent Office are being invalidated, there is nothing to stop China from stealing our best ideas and putting them in their products, at bottom dollar prices: http://patent-counselors.com/?p=189
Under the Ebay Supreme Court Decision in 2006, a patent owner that does not make products can NOT get an injunction from the infringer, so the patent owner can only get a royalty. Your information is nearly a decade out-of-date. http://en.wikipedia.org/wiki/EBay_Inc._v._MercExchange,_L.L.C.
I own 20% of a tech startup involved in speech recognition, and we are very worried that one of the big tech companies involved in The Internet of Things will steal us blind of our inventions once we have proved that a market exists for our products. We have been to CES, and have seen how much $ the big tech companies have put into their exhibits, and we know that with about that money, the could reverse engineer and steal all of our good ideas. Why wouldn't they if they could ? Do you really think that the ethics of Google have improved much in the last 2 years?
This new legislation is doesn't matter much anyway because the law from 2011 (the America Invents Acts) set up a new procedure called Inter Partes Review in which 95% of all patent claims are being invalidated. There will be a lot less patent lawsuits in 2014 than last year.
The real reason why patent lawsuits are at a 10-year high
The Medimmmune decision in 2007 made it impossible for patent owners to just call up an infringer and work out a deal over the phone; now, everything ends up in court:
"MedImmune lowered the bar for determining declaratory judgment jurisdiction in all patent cases. Since MedImmune, the Federal Circuit has found jurisdiction in nearly every case involving communications between parties. This makes it difficult for lawyers to advise clients on what they can say to competitors without triggering an actual controversy, and a potential lawsuit."
This is one of many failed efforts by people who want to steal inventions. Patent are upheld and valid and infringed about half the time at trial, and will continue to do so.
I agree with solopatentlawyer. Sounds like they are being taken to the cleaners by some large law firm. They are just bad managers. All managers need to decide what is a bad buy for their money. The ones that don't will die. Most start ups die, so will theirs.
Our startup has been a real winner so far. We have a few patent applications, and would like more, but this isn't the time yet. Make good use of your money, and you will survive and maybe even thrive.
I suspect generational issues at hand. I am in my 50's and have seen alot of ups and down in software. I bet these young'ins who hired 6 lawyers haven't figured out how to spend money intelligently. Most startups go bust, looks like they will join the crowd.
6 lawyers and 5 developers? What a joke of a company ! Glad I didn't put my cash in with these bunch of bad managers. Guess they are stealing other people's inventions and know they got trouble coming. Why think of something new when copying others and lawyering-up is so much easier ! HA HA !
What a load of BS - our startup in Austin has hundreds of downloads of our app each week, and no patent litigator has ever contacted us. We filed 4 patent applications, but that is all the lawyering we have needed. What a bunch of BS that startups are getting sued on a regular basis. I am the third sharehold after the founder and his wife bought shares.
The hysteria against patents only serves to enrich the large companies that want to steal inventions. These companies have large resources in finance and marketing and the last thing they want to do is pay for the inventions of small companies, especially the small companies that are being beaten in the marketplace.
Go ahead, start a small tech company and see how nice Oracle, Google, and IBM will be to you. Don't think they will ever want to pay you to use your technology.
On the post: History Repeats Itself: Patent Abusers Successfully Stymie Anti-Patent Troll Bill In The Senate
Re: Re: Re: Re: Re: Re: Trolls are a smokescreen
On the post: History Repeats Itself: Patent Abusers Successfully Stymie Anti-Patent Troll Bill In The Senate
Re: Re: Re: Re: Trolls are a smokescreen
On the post: History Repeats Itself: Patent Abusers Successfully Stymie Anti-Patent Troll Bill In The Senate
Re: Re: Re: Re: Trolls are a smokescreen
On the post: History Repeats Itself: Patent Abusers Successfully Stymie Anti-Patent Troll Bill In The Senate
Re: Re: Trolls are a smokescreen
On the post: History Repeats Itself: Patent Abusers Successfully Stymie Anti-Patent Troll Bill In The Senate
Re: How to protect/eliminate right to troll
On the post: History Repeats Itself: Patent Abusers Successfully Stymie Anti-Patent Troll Bill In The Senate
Re: Re: Re:
On the post: History Repeats Itself: Patent Abusers Successfully Stymie Anti-Patent Troll Bill In The Senate
Re: Re: Trolls are a smokescreen
http://patent-counselors.com/?p=189
On the post: History Repeats Itself: Patent Abusers Successfully Stymie Anti-Patent Troll Bill In The Senate
Re: Patents are dead anyway
On the post: Patent Trolls Ramp Up Lobbying Efforts
Re: The anti-patent anarchists
On the post: Patent Trolls Ramp Up Lobbying Efforts
Re: 'Don't Abolish The Patent System
On the post: When Startups Need More Lawyers Than Employees, The Patent System Isn't Working
Re: goof-ball managers
The 3 tech startups in which I am involved use patent attorneys about 1/10th of this company, and the companies are getting good patents issued.
What a bunch of goof-balls these tech startup managers are. They win the Darwin Award for mismanagement.
On the post: Gaining Momentum Against Patent Trolls: A 2013 Timeline
The real reason why patent lawsuits are at a 10-year high
"MedImmune lowered the bar for determining declaratory judgment jurisdiction in all patent cases. Since MedImmune, the Federal Circuit has found jurisdiction in nearly every case involving communications between parties. This makes it difficult for lawyers to advise clients on what they can say to competitors without triggering an actual controversy, and a potential lawsuit."
http://www.todaysgeneralcounsel.com/what-not-to-say-to-competitors-post-medimmune/
On the post: Trolling Effects Launched To Build A Database Of Patent Troll Threats
On the post: When Startups Need More Lawyers Than Employees, The Patent System Isn't Working
Re: Re: Re: Facts, just the facts!
Our startup has been a real winner so far. We have a few patent applications, and would like more, but this isn't the time yet. Make good use of your money, and you will survive and maybe even thrive.
I suspect generational issues at hand. I am in my 50's and have seen alot of ups and down in software. I bet these young'ins who hired 6 lawyers haven't figured out how to spend money intelligently. Most startups go bust, looks like they will join the crowd.
A fool and his money are soon parted.
On the post: When Startups Need More Lawyers Than Employees, The Patent System Isn't Working
Re: Re:
On the post: When Startups Need More Lawyers Than Employees, The Patent System Isn't Working
Re: not true
On the post: Barnes & Noble's Filing Clearly Explains Why The Patent System Is Broken And How To Fix It
Patent thieves of the world - Unite !
Go ahead, start a small tech company and see how nice Oracle, Google, and IBM will be to you. Don't think they will ever want to pay you to use your technology.
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