The Medimmmune decision in 2007 made it impossible for patent owners to just call up an infringer and work out a deal over the phone; now, everything ends up in court:
"MedImmune lowered the bar for determining declaratory judgment jurisdiction in all patent cases. Since MedImmune, the Federal Circuit has found jurisdiction in nearly every case involving communications between parties. This makes it difficult for lawyers to advise clients on what they can say to competitors without triggering an actual controversy, and a potential lawsuit."
I agree with solopatentlawyer. Sounds like they are being taken to the cleaners by some large law firm. They are just bad managers. All managers need to decide what is a bad buy for their money. The ones that don't will die. Most start ups die, so will theirs.
Our startup has been a real winner so far. We have a few patent applications, and would like more, but this isn't the time yet. Make good use of your money, and you will survive and maybe even thrive.
I suspect generational issues at hand. I am in my 50's and have seen alot of ups and down in software. I bet these young'ins who hired 6 lawyers haven't figured out how to spend money intelligently. Most startups go bust, looks like they will join the crowd.
6 lawyers and 5 developers? What a joke of a company ! Glad I didn't put my cash in with these bunch of bad managers. Guess they are stealing other people's inventions and know they got trouble coming. Why think of something new when copying others and lawyering-up is so much easier ! HA HA !
What a load of BS - our startup in Austin has hundreds of downloads of our app each week, and no patent litigator has ever contacted us. We filed 4 patent applications, but that is all the lawyering we have needed. What a bunch of BS that startups are getting sued on a regular basis. I am the third sharehold after the founder and his wife bought shares.
The hysteria against patents only serves to enrich the large companies that want to steal inventions. These companies have large resources in finance and marketing and the last thing they want to do is pay for the inventions of small companies, especially the small companies that are being beaten in the marketplace.
Go ahead, start a small tech company and see how nice Oracle, Google, and IBM will be to you. Don't think they will ever want to pay you to use your technology.
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