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SHIELD Act: finally a cure for patent trolling

Anyone in technology has seen how patent trolling has impeded technological innovation, and Congress is making a move to take legitimate action.

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patent trolling

What can be done to stop patent trolling

We have long written about the perils of patent trolling, which is a practice wherein a company files for patents on technologies/inventions they do not plan on ever using, rather sue when someone else “infringes” on their patent. But of course, like no bigot realizes that they’re a bigot, patent trolls do not consider themselves trolls, rather business people.

[pl_blockquote pull=”right” cite=”Boston University”]
“Patent troll suits cost American
technology companies over
$29 billion in 2011 alone.”
[/pl_blockquote]The current American patent system is set up to support trolling, in fact, I would argue that it encourages it, just look at the dockets of courts around the nation (or around East Texas, wink, wink). Last fall, President Obama signed the “America Invests Act” which is divided into three parts – (1) keeping the patent system attractive to global companies by aligning its processes with other countries’ processes, (2) aligning of funding for the U.S. Patent Office with its needs by modifying its fee system, and (3) raising the bar on the quality of the patents so only the most appropriate patent infringement lawsuits are filed. Click here to read the full Act.

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Related:

Infographic on why the current patent system is a problem.
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The President’s “America Invests Act” is not enough

Today, Congressman Peter DeFazio (D-OR) introduced legislation cosponsored by Jason Chaffetz (R-UT) that would protect American tech startups from patent trolls. HR 6245, the SHIELD Act, is a bipartisan effort to put the financial burden on patent trolls, and is already garnering a great deal of support.

“Patent trolls don’t create new technology and they don’t create American jobs,” said Congressman DeFazio in a statement. “They pad their pockets by buying patents on products they didn’t create and then suing the innovators who did the hard work and created the product. These egregious lawsuits hurt American innovation and small technology start ups, and they cost jobs. My legislation would force patent trolls to take financial responsibility for their frivolous lawsuits.”

[pl_blockquote pull=”right” cite=”Congressman Chaffetz”]
“A single lawsuit, which may easily cost
over $1 million if it goes to trial, can
spell the end of a tech startup and the
jobs that it could have created.”
[/pl_blockquote]Chaffetz said, “The SHIELD Act ensures that American tech companies can continue to create jobs, rather than waste resources on fending off frivolous lawsuits. A single lawsuit, which may easily cost over $1 million if it goes to trial, can spell the end of a tech startup and the jobs that it could have created. The tech industry is one of the few bright spots in our economy. It spurs the economy and creates thousands of high-quality jobs. This bill combats the problem of patent trolls by moving to a ‘losers pays’ system for software and hardware patent litigation.”

The Congressmen say the SHIELD Act does not have any impact on innovators with legitimate patent infringement claims and will force patent trolls to pay defendants’ legal bills.

The statement notes that “Patent trolls often buy broad patents that allow them to file flimsy lawsuits against multiple companies for infringement. Despite very thin evidence to back their lawsuits, companies are often forced to settle because going to court can easily cost over $1 million in legal costs even if the company prevails. Patent trolls most often target software and computer hardware companies. According to a recent Boston University study, patent troll suits cost American technology companies over $29 billion in 2011 alone.”

Lani is the Chief Operating Officer at The American Genius - she has co-authored a book, co-founded BASHH and Austin Digital Jobs, and is a seasoned business writer and editorialist with a penchant for the irreverent.

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5 Comments

5 Comments

  1. Seth Siegler

    August 2, 2012 at 3:46 pm

    That’s a huge step in the right direction.  Raising the stakes in the decision of a troll to sue a company that is actually innovating could really cut down on some of the perils of releasing a product that actually solves problems.  I just wish there would be some sort of complete review of all existing, outlandishly broad patents that were somehow granted.  

    • laniar

      August 2, 2012 at 5:19 pm

       @Seth Siegler Agreed. In my personal opinion, this is just one tiny step – the entire system needs to be overhauled, and not in a cutesy “vote for me, I care about patent trolls” way politicians have been doing for the last year, but tear the whole thing down and rebuild it.

      • Seth Siegler

        August 2, 2012 at 5:42 pm

         @laniar Totally.  The best thing about this is that it’s bipartisan.  I forgot that word existed.  Hopefully it’s a start to fixing the actual problem.  Maybe we can even start making mobile apps in real estate, without getting sued!

  2. Pingback: One year later Guyzar, LLC is still trolling - you're probably next - The American Genius

  3. Pingback: Zillow gets more seemingly pointless patents, why?

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Microsoft’s latest HUGE investment: Self-driving car technologies

(TECH NEWS) Microsoft invests in self-driving car technology by joining other investors in a combined equity investment of $2 billion.

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Cars driving on city highway, including more than one self-driving car in the future.

Microsoft has put its money into self-driving car technology. The tech giant has partnered with General Motors and Cruise, GM’s majority-owned driverless car startup, to “accelerate the
commercialization of self-driving vehicles.”

“Our mission to bring safer, better, and more affordable transportation to everyone isn’t just a tech race – it’s also a trust race,” said Cruise CEO Dan Ammann in a press release. “Microsoft, as the gold standard in the trustworthy democratization of technology, will be a force multiplier for us as we commercialize our fleet of self-driving, all-electric, shared vehicles.”

Along with Honda and other institutional investors, the companies are investing a combined $2 billion into the autonomous car company. This new funding round brings Cruise to a post-money valuation of $30 billion.

The long-term strategic partnership between the companies will be a collaborative one and beneficial for both. To roll out its fleet of self-driving vehicles, Cruise will leverage Microsoft’s cloud and edge computing platform, Azure.

In turn, as GM’s and Cruise’s preferred cloud provider, Microsoft will use the car company’s “industry expertise to enhance its customer-driven product innovation and serve transportation companies across the globe through continued investment in Azure.”

Besides helping bring the self-driving technology out to the market quicker, the companies will also work together on other digitization initiatives. For instance, they will collaborate on artificial intelligence and machine learning capabilities. And, explore opportunities to streamline operations and increase productivity.

“Advances in digital technology are redefining every aspect of our work and life, including how we move people and goods,” said Microsoft CEO Satya Nadella. “As Cruise and GM’s preferred
cloud, we will apply the power of Azure to help them scale and make autonomous transportation mainstream.”

Cruise first announced its self-driving car service a year ago, but when it will be deployed isn’t certain yet. With Microsoft as a partner, deploying those cars will help speed things up.

“Microsoft is a great addition to the team as we drive toward a future world of zero crashes, zero emissions, and zero congestion,” said GM Chairman and CEO Mary Barra. “Microsoft will help us accelerate the commercialization of Cruise’s all-electric, self-driving vehicles and help GM realize even more benefits from cloud computing as we launch 30 new electric vehicles globally by 2025 and create new businesses and services to drive growth.”

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Wow! This synthetic cornea gave a legally blind man his vision back!

(TECH NEWS) Another instance of “technology is amazing:” this minimally invasive eye implant has opened new doors for sight restoration surgeries for the legally blind.

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Blurry city with a single glass piece held in the middle with a clear view.

After being the first patient to receive a cutting-edge cornea implant, a legally blind 78-year-old man can see again. Directly after his surgery, the patient was able to recognize his family members and read an eye chart. The KPro implant comes from the company CorNeat.

KPro is the first implant that can be directly integrated into the eye wall, replacing damaged or deformed corneas with no donor tissue. The clear layer that protects the front portion of the eye is called the corona. The corona is susceptible to degeneration or scarring, as well as a number of diseases such as keratopathy, keratoconus and pseudophakia bullous.

While artificial cornea implants already exist, the surgeries are complex and typically only used as a last resort when transplants or cornea ring implants don’t work. That is perhaps what makes the CorNeat transplants so remarkable – it’s a simple procedure that’s minimally invasive.

Additionally, KPro uses a biomimetic material that “stimulates cellular proliferation, leading to progressive tissue integration”. Not only can these implants give you your sight back instantly, but they also can help the natural tissue in your eyes to grow back and integrate. Now, THIS is cool stuff.

CorNeat said that ten more patients in Israel are approved for trials, as well as two in Canada. Six others are in the approval process in France, U.S., and the Netherlands. Professor Irit Bahar of CorNeat stated that he believes this project will ultimately impact millions of people’s lives. Only time will tell.

This advancement in biotech comes at a time where many Americans are uninsured and at a higher risk for health ailments due to the coronavirus pandemic and subsequent effects. At its best, CorNeat’s KPro offers some hope – while COVID has brought many industries to their knees, advancements in medical technology seem to persist.

If the results of the implants continue to stay as promising as they are now, who knows – maybe we’ll all be receiving cornea implants as a normal part of health upkeep in the not-so-distant future. I know I’ll be first in line.

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The top 10 languages you can know as a programmer

(TECH NEWS) Considering a career as a developer or programmer? You’re not alone. Here’s top 10 programming languages to enhance or start your career.

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Two female programmers at a laptop working on a programming screen.

The COVID economy has thousands of Americans reconsidering their career paths – with so many jobs dissolving due to various reasons (i.e., automation, a decrease in full-time creative positions), it’s no wonder why scores of professionals are seeking to reskill ASAP.

If this sounds like you, look no further; have you ever considered the lucrative career of computer programming?

Programmers on average make a salary of $89,590 a year. And better yet, coding jobs might never become obsolete. The trick is to know exactly what you want to do – different coding languages best serve specific purposes. So, which one should you learn first?

Top ten languages for new developers:

  1. Python – Learn Python if you’re interested in data analysis, machine learning, scripting, web development and Internet of Things (it’s the future!). Python is also the easiest language to learn, so give it a go!
  2. JavaScript – JavaScript is for you if you want a career in making websites interactive.
  3. The Go Programming Language – You can learn to build simple, reliable, and efficient software.
  4. Java – Want to work on computer programs, games, apps and web applications? What about Internet of Things and robots? Learn Java to tap into these fields. Keep in mind, Java is considered difficult for novice programmers.
  5. C# – C# is great for websites, web applications, games, and apps – especially Windows apps. It’s also perfect for Machine Learning and Artificial Intelligence.
  6. PHP – Want to get your hands dirty doing back-end website programming? PHP is the language for you.
  7. C++ – For programming apps, games and web browsers, C++ is the language you’ll need to learn. Though it’s notoriously tough to grasp, knowing this language could be the competitive edge you need to set you apart from the pool of programmers.
  8. C – C will prepare you for operating systems, compilers and databases.
  9. R – The world is always in need of those who conduct data and statistical analyses – check out R to dive in.
  10. Swift – For apps and software for Apple devices, check out Swift.

My advice? Figure out exactly it is you want to do in your new career as a programmer. Set your goal. Then, after you’re sure what direction you want to go in, see which programming language best suits your needs.

Get proficient at one language to start and become top-notch at it. Then, you can expand your rolodex to include multiple languages and grow your abilities as a programmer.

Good luck!

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