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PatentShield helps startups fight patent litigation in return for equity

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11–20 of 73 posts

Re: PatentShield helps startups fight patent litigation in return for equity

#11
post #9

Earlier quoted context omitted.

I think there is a distinction here - the Mafia protects people from itself - but Google doesn't itself sue startups.

But the upside is similar: If nobody sues Google still has the equity and Google needs the trolls to stay around to make sure people will buy into this program.

Sure, but that's exactly the case with commercial fire insurance versus actual protection rackets too.

Re: PatentShield helps startups fight patent litigation in return for equity

#12
post #11
post #9

Earlier quoted context omitted.

But the upside is similar: If nobody sues Google still has the equity and Google needs the trolls to stay around to make sure people will buy into this program.

Sure, but that's exactly the case with commercial fire insurance versus actual protection rackets too.

Commercial fire insurance does not typically take equity in the places they insure.

Re: PatentShield helps startups fight patent litigation in return for equity

#13
post #10

A lot of startups get sued by Non Practicing Entities (trolls) that have no operating business to speak of. That provides the slimmest counterattack surface - so not sure how useful it is to have a portfolio to hit back. I think a better defense mechanism would be a legal defense fund that would force the trolls to make their case at trial, to go through discovery, to bring expert witnesses. Because the law firms tha…

Let's say I pay into this fund, then I get sued for patent infringement. How does the fund decide whether this lawsuit is trolling or legitimate? Or would the fund pay for all patent lawsuits?

There are several ways of reaching a distributed consensus about that, like proof of stake.

It is also conceivable that it would be in the fund's interest to defend all lawsuits. That would provide the largest deterrent, since the lion's share of today's suits are without merit, and the cost of defense would be considered the operating cost of the fund.

What the trolls exploit is the assymetry between a defendant without resources and their own resources which are solely dedicated to this.

Without all the licensing fees that startups pay to settle the alleged infringement the business model for trolls would stop working.

Re: PatentShield helps startups fight patent litigation in return for equity

#14
post #5

Google is taking a leaf out of the Mafia playbook here. Classy. Nice start-up you have there. Would be a shame if one of these pesky trolls sued you. But if you join our organization as a partner you will be protected.

I think there is a distinction here - the Mafia protects people from itself - but Google doesn't itself sue startups.

The other distinction is that the mafia would be the big NPE's, big incumbents with patent portfolios, drug companies given patent rights aren't sector-specific enough, politicians they bribe to make patent suits hell for targets, and a corrupt judge in East Texas. They work together to make all the bad things happen for their mutual gain.

Re: PatentShield helps startups fight patent litigation in return for equity

#15

Its always nice when the private sector figures out a way to solve a problem that should be solved by government, but government is incapable or unwilling to do so.

It doesn't solve the problem of getting sued by a troll -- what patent are you going to use to counter-sue a business that doesn't have any business?

Re: PatentShield helps startups fight patent litigation in return for equity

#16
post #6

so.. patent laws are so broken that patent trolls are everywhere suing startups to get $ from them. google now has a business that can directly benefit from such increasing number of patent trolls. sounds not very inspiring to me. who is always on the losing side? average small companies. who is screwing the economy & innovation and show no sign of change? governments who refuse to actually reform such a 100+ years o…

This service is not for defending against non-practicing entities - but to defend against patent suits from large enterprises that the startups might be competing against (e.g. Microsoft, Facebook, Samsung, etc) - not that Microsoft et al. engage in that kind of warfare against small-fry, but it's plausible.

Re: PatentShield helps startups fight patent litigation in return for equity

#17
post #11

Earlier quoted context omitted.

Sure, but that's exactly the case with commercial fire insurance versus actual protection rackets too.

Commercial fire insurance does not typically take equity in the places they insure.

Does payment in the form of equity rather than cash affect the incentives in a negative way? It's not enough to call out a distinction: how does it make a difference? If anything, the equity should mean that Google's incentives are more closely aligned with the startup's than the fire insurer's are with the insured.

Re: PatentShield helps startups fight patent litigation in return for equity

#18
post #10

A lot of startups get sued by Non Practicing Entities (trolls) that have no operating business to speak of. That provides the slimmest counterattack surface - so not sure how useful it is to have a portfolio to hit back. I think a better defense mechanism would be a legal defense fund that would force the trolls to make their case at trial, to go through discovery, to bring expert witnesses. Because the law firms tha…

Let's say I pay into this fund, then I get sued for patent infringement. How does the fund decide whether this lawsuit is trolling or legitimate? Or would the fund pay for all patent lawsuits?

Couldn't the fund just use arms-length consulting patent attorneys to answer the question: does defending this case have a reasonable prospect of success?

Re: PatentShield helps startups fight patent litigation in return for equity

#19

A lot of startups get sued by Non Practicing Entities (trolls) that have no operating business to speak of. That provides the slimmest counterattack surface - so not sure how useful it is to have a portfolio to hit back. I think a better defense mechanism would be a legal defense fund that would force the trolls to make their case at trial, to go through discovery, to bring expert witnesses. Because the law firms tha…

Yeah, but then you don't make money by investing in the next big company.

Re: PatentShield helps startups fight patent litigation in return for equity

#20

A lot of startups get sued by Non Practicing Entities (trolls) that have no operating business to speak of. That provides the slimmest counterattack surface - so not sure how useful it is to have a portfolio to hit back. I think a better defense mechanism would be a legal defense fund that would force the trolls to make their case at trial, to go through discovery, to bring expert witnesses. Because the law firms tha…

This. It would also get the troll patents invalidated.
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