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It seems a more powerful approach would be along defensive pooling IP across a board range of organizations and solving the discovery costs issues. Something l
by joshuaellinger 13y ago
It seems a more powerful approach would be along defensive pooling IP across a board range of organizations and solving the discovery costs issues.
Something like:
1. Have a IP company that indemnifies your company from all IP suits up to a certain cost.
2. They review all your tech before launch / ongoing for a small fee to minimize exposure.
3. Make your IP subject to assignment by this company (i.e. -- you can't sell your IP without their consent).
This is a another insurance proposal but the assignment clause makes it interesting. You now have
a 3rd party that is emotionally committed to fighting trolls that has a say in who you sell to.
It would complicate acquisitions a bit but it could gradually pull in larger companies if the few startups with real leverage sign up and ask larger corps to bring their portfolios to the party.
- andrewfong 13y ago> 2. They review all your tech before launch / ongoing for a small fee to minimize exposure. This may be risky actually. Under current law, companies face greater liability if they willfully infringe. Let's say you do a review and find there's a chance that you infringe upon the troll's patent. You decide, nevertheless, that the risk-to-reward here is worth it and go ahead. If you are subsequently sued by the troll, the troll can point to your review and say that because you had prior knowledge of the patent, your infringement was willful. The troll's likelihood of success on this argument will depend on the particulars of the review process, but it does create an additional headache for the defense either way.