The Traklight Blog

The idea that much of what is considered innovative or revolutionary may actually simply built upon a foundation of borrowed or stolen ideas is not a new one, but it's one that gets trotted out a lot in this century. The usual sequence of events dictates that a company gets big off a great new idea, another company pops up to content that new idea isn't in fact new and is their old idea stolen and re-purposed, and the matter goes to court to be settled months or years down the line. Our cynicism jades our view and begs the question: Is this company taking legal action now because the success brought the infringement to light, or because the success offers an opportunity to cash in? It's unfair to the businesses duly wronged, sure, but there are enough cases to suggest there's something to the latter view — enough to raise questions about every case you come across.

Great advances in technological innovation can make us marvel at where we are as a society and what's possible, but it's to the losers of the tech race to remind us that advances don't necessarily bring everyone along. Just as the horse and buggy was left in the dust by the advent of the automobile (almost quite literally), we now see that same obsolescence now, only more frequently and on an accelerated timeline. A quick look around the house probably reveals some device that was once a huge leap forward and now is on its way out, if not entirely outmoded already.

In times of crisis, it's restorative to see the better angels of our nature win out over our baser instincts of fear and panic. It doesn't happen in every case — indeed, it probably doesn't happen as much as we'd like or hope — but there are those who choose acts of kindness and a consideration for the common good ahead of the other incentives that otherwise drive American society in particular, for good and ill.

Questions about the future of intellectual property are seemingly tied to the future of creativity as it relates to technology. We've already seen the USPTO look for input and guidance as to new rules for copyright law regarding works created by artificial intelligence, and the matter will only become more pressing as AI becomes more adept at creating unique works that warrant copyright protection. It's a complicated topic, one that wrestles with questions originated in our science fiction: can machines be said to have consciousness, enough so that their work could rise to the same level of that created by human hands and minds?

It's easy to by cynical about big tech, mostly because that cynicism is earned, and if given enough time, will be validated over and again. But on occasion credit must be given where it's due, even if you know that any such plaudits will look terrible in the light of some future malfeasance, if it doesn't already.

Modern-day science seems to dance along the fine line between awe-inspiring breakthrough and terrifying overreach. In the parlance of fiction, we seem to exist in the inflection point in the story wherein the scientist is making a decision that will ultimately lead them to go too far with their innovative work, dare too greatly and ultimately pays a personal cost — take your pick from Dr. Frankenstein to Dr. Octavius. Those are dramatic examples, certainly, and fictitious ones at that, but fiction does serve to highlight the human condition; science can be messy and contentious and at times terrifying, and yesterday's scorned scientist is tomorrow's supervillain.

There's little love from the general public for the legal system, and less still for attorneys. For most, the law is something to be avoided, or suffered when you find yourself within its machinations; few share the view that it can be restorative, or can provide protection or remuneration for harm done to themselves or their property. And few do more to bolster the negative view of the legal process than patent trolls. Distinct from the parties that engage in good faith attempts to protect their intellectual property, patent trolls are simply looking to wield patents as a weapon, looking to make as much money from a flawed system as they can.

Much of what makes business what it is is the push and pull of competition and cooperation between different companies. The fiercest rivals can come to have common cause, and one business can come to rely upon another for its continued operation through the magic of licensing. Licensing is a necessary tool for all involved, a way for some companies to lawfully use the intellectual property needed for their products and others to earn a fair return on their creative work particularly in the case of smaller companies.

Long, protracted legal battles are something that no company relishes, and can often end up causing as much harm as the harm they're meant to remedy for the plaintiff. Companies of course have to take the necessary steps to protect their intellectual property, but any business would just as soon not have to go to court, even if it is in defense of their IP. Even in instances of companies with devoted legal teams and the resources to afford an extended court case, there's no situation in which anyone would invite the headache involved.

One truth about startups and innovation is that you need to build your product upon what is already there, to some degree. There are certain ideas that become accepted wisdom and certain things that are universally accepted features, and to go against those things would be setting yourself on an uphill path towards success. That accepted knowledge and common practice requires a certain communal spirit of cooperation; not exactly lifting one another up, but not pulling the ladder up behind you either.

This is a guest post from Matt Troyer,  Director of Patent Analytics at Anaqua.

The new year is an opportunity for a fresh start in our personal and professional lives. But many still fail to tackle the intellectual property issues that their business could potentially have to deal with, resolutions or not. While you should be managing your IP from its inception, it's better to start late than never; here are some tips on identifying and protecting your IP for 2019.

Starting a business is a complicated process, and with any difficult and time-consuming effort, it is inevitable that a mistake or oversight can happen despite the best intentions. The long hours can leave you frazzled, and there simply aren't enough hours in the day to attend to every detail that you'd like.

Beyond just individual genius, innovation and advancement requires the ability to build upon existing technologies to improve them. It can at times be a fine distinction when thinking about respecting patents, but it is not incompatible to believe that both patents and the freedom of innovation should have equal footing in the intellectual property space.

Patents are an important part of any company's portfolio, but for startups, there can be hesitance to take the necessary steps to obtain a patent for their creation. From cost concerns to the length of the process to the seeming urgency of other requirements, startup founders can cite any number of reasons to put off getting patents. But having patents provides real value to any venture at its earliest stages and beyond.

Technology is an increasingly important part of sports, not only in the playing of the games themselves, but in how people are consuming them. Fans have an appetite for more and more information about the action in the games they're watching, especially in the statistics-heavy world of baseball. Major League Baseball has invested heavily in tools that allow teams and fans alike to measure every action on the field, but a recent lawsuit is claiming that some of the developments might be ill-gotten.

The birth of a company and the idea that fuels it can come at any time. If entrepreneurs waited until the conditions were ideal to start a business, many of the brands that we've come to know and rely on may never have gotten off the ground. Often early-stage businesses are run on shoestring budgets, trying to stretch every dollar as far as it can go.

Patent trolls have long been an issue in the world of intellectual property. For innovators, patent trolls represent an ever-present threat to their work, as one lawsuit could mean spending time and money they don't have on a court battle. For many observers, patent trolls are a miscarriage of the spirit of intellectual property laws, using an overly broad patent as a tool to extort money from companies rather than as a means of protecting their creations. But a recent court decision may prove a setback for future frivolous lawsuits.

When it comes to intellectual property lawsuits, there are usually a couple of different types observed. More often than not you can come across a startup or small business suing a major corporation, claiming the industry giant has come in and stolen their idea to further enrich themselves. Within that, there are usually those with a solid case mixed in with those deemed "patent trolls", looking to cash in on their broad patents that otherwise go unused. But on the occasions that you see two big names enter into a legal battle, it is worth noting, as the future of entire industries can shift based on a court decision.

This is a guest blog from author Brette Sember.