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Markman Advisors Patent Blog

Posts tagged Google
Will patents save the unicorns? No, they won’t.

This is the year of the unicorns.  Or maybe just the year of unicorns going public.  Firms including Lyft, Uber, AirBnB, WeWork and Pinterest either have, will or are contemplating going public.  Last week, The Economist published an interesting briefing on unicorns.  The primary thesis is that they are overvalued.  At heart, their users are not faithful, and barriers to entry won’t stop competitors from encroaching on their base.  Yet, for all the reasons unicorns try to downplay this concern, there’s no mention of patents and IP as a line of defense.  Why not?

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Startups want a strong patent system—they just don’t know it yet.

This week’s edition of The Economist addresses an interesting spin on the prospects of budding Silicon Valley startups living under the shadow of Big Tech.  The fantasy of getting bought is being supplanted by the reality of getting taken out.  The Economist argues that startups now live within a kill zone maintained by Big Tech—either sell out on our terms, or we’ll co-opt your technology and launch our own product.  While antitrust may be one solution to give more leverage to innovators, what about patents?

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3 Takeaways from Oracle's Big Win in the Federal Circuit over Google...

IP decisions don't get bigger than the one handed down by the Federal Circuit yesterday in the long-running dispute between Oracle and Google over Google's use of Java code in developing Android. The case will continue -- with a damages trial at a time TBD, once the appeals of this appeals court decision are exhausted -- and will continue garnering significant interest from IP lawyers, software companies, and investors. Nothing like the prospect of a multi-billion dollar damages award to attract eyeballs. Now that Google's key defense -- fair use -- has been rejected by the CAFC, it is a good time to consider 3 immediate takeaways from this important decision.

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