The Traklight Blog

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.

Technology has brought about a new slate of intellectual property issues that see corporations facing off in court. Google and Oracle were engaged in a lengthy court battle over the use of Java APIs in Google's development of Android software, and numerous other companies have taken legal action against their rivals for similarly unseen elements used in the development of software applications. And as more and more companies enter the same space, there is the potential for a proliferation of copyright infringement cases.

This is a guest blog from Bryan Brewer, Founder and CEO of Funding Quest, LLC and Creator of the Minimum Fundable Company Test.

For years I have been a big fan of the clever writing on The Big Bang Theory. We tease various family members about sharing Sheldon’s outlandish tendencies or making the same faces as Penny. However, a recent episode had me laughing for a different reason: patent mistakes!

Many companies find themselves in the crosshairs of so-called "patent trolls". Smaller businesses often don't have the resources to take on a protracted legal battle, regardless of outcome, and as such look to settle in order to avoid exhausting their resources. But large corporations with considerable resources and crack legal teams aren't immune from the scourge. With massive sales and market share comes a target on your back from non-practicing entities(NPEs) that see a way to exploit their patents to a huge payday if they win. And one such NPE just received a second decision against a tech giant.

As we've previously noted, intellectual property infringement is something of an issue in China. Whatever the underlying reasons might be, the proliferation of counterfeit goods is a problem for manufacturers concerned with losing market share to knockoff copies of their products. Innovators both in the US and abroad have to be vigilant of possible infringement, and willing to take action to stop copycats. One California startup did just that.

In today’s global economy, inventions and products easily cross borders.  For multinational corporations with intellectual property (IP) at the very foundation of their business, keeping IP secure is essential to survival. This security requires treating the invention as a trade secret or filing patents in specific jurisdictions around the world. Obtaining patent protection in multiple jurisdictions requires patent applications to be translated to and from a variety of languages.

In part one of the series, I discussed not doing the proper paperwork before going to market.

Myth 2: We can patent all of our ideas.