#fixpatents: On the Hill with Startups, CEA, and Engine

By CEA and Engine

On Tuesday, Engine and CEA held a startup fly-in to advocate in support of the the Innovation Act and PATENT Act, which would bring critical reforms to the nation’s patent system. We were joined in DC by founders and executives from TMSoft, MapBox, Smart Ride, Jump Rope, Meetup, Kickstarter, and Etsy. Before the jam-packed day of meetings, CEA and Engine hosted these startups from across the U.S. at the Association’s Innovation House on Capitol Hill. The #fixpatents team shared their own stories about battling trolls before conveying to lawmakers how devastating this legalized extortion is to small companies.

Photo courtesy of the Consumer Electronics Association

The day was a great success as we went from office to office, between the House, Senate, and Capitol, for meetings with members of the Judiciary Committees of each house. We used the occasion to disseminate Engine’s latest booklet of stories from startups that have been targeted by patent trolls.

The #fixpatents team came out of meetings optimistic that legislators are committed to passing bills that will fix the current state of abusive patent litigation. Members and their staff were highly engaged, and many were surprised to hear the stories of those startups in attendance. The startups’ experiences very clearly underscored the impact of the patent troll problem and the extortion that happens behind the closed doors of settlement.

Photo courtesy of the Consumer Electronics Association

Jump Rope discussed their inability to recover fees, despite winning their case against a troll that claimed its patent covered reserving the future purchase of goods. And then there was TMSoft who estimated their troll case costing $190,000 in legal work before even setting foot in the courtroom. We reiterated the need for a more level playing field that would afford defendants the chance to fight back.

We’d like to thank Franklin Square Group and TwinLogic Strategies, as well as our Congressional co-hosts for their assistance in coordinating the event. You can see what the #fixpatents team had to say and hear their personal stories about fighting for innovation in the face of troll attacks. Check here for forthcoming videos from CEA and Engine’s Patent Reform Day.

Here’s to getting patent reform across the finish line!

The Dangerous Uncertainty Over Net Neutrality

Last month, the FCC released a proposal for new rules concerning the open Internet, and now the public has four months to provide comment. Those proposed rules pay a lip service to an open Internet -- something we strongly support -- but their substance tells a different story. One of the most dangerous aspects of the proposal is the resulting uncertainty that startups and investors would face. Unfortunately, until and unless we have real net neutrality rules in place, that uncertainty is unavoidable.

As any business owner will understand, when you’re trying get a startup off the ground, any uncertainty can be dangerous -- enough to spook investors and stunt growth. In this way, startups and other business owners are already feeling the impact of the net neutrality debate.

Jamie Wilkinson is the co-founder and CEO of VHX, an online video distribution company that helps artists connect directly with their audience. Watch Jamie explain how the uncertainty over net neutrality is already affecting his business.

So, a speedy solution is required here. But it must also be the right solution.

FCC Chairman Wheeler’s current proposal is not the right solution. The Chairman has stated his preference to rely on Section 706 to implement so-called open Internet rules. While this sounds fine, this year’s Verizon v FCC decision makes that legally impossible. As a result, the Chairman’s proposed rules would result in years of litigation. Likely to be overturned, we’d be left exactly where we are today

Instead, the Internet needs to be reclassified under Title II as a “common carrier” (like telephone lines, roads, highways, and trains). Only once the FCC has done that can it ensure a true open Internet and deliver the certainty startups need.

In a recent letter to the FCC, Venture Capitalist Brad Burnham explained that without the certainly Title II reclassification brings, Union Square Ventures (and other VC firms) will not invest in Internet startups like they have been to this point:

“Investors like us will need to extract a risk premium before supporting an unproven service, which will hurt the creators who are ultimately responsible for innovation. Worse, investors like us will decide not to risk our partners' capital at all to back an applications layer start-up, because an incumbent could easily copy the basic elements of a new service and beat them in the market by paying for a faster connection to consumers. We will also be very reluctant to fund companies building services that compete with current or future offerings of the cable or telecommunications companies that can directly impact a consumer's experience of a new service.”

Not only would the proposed rules allow for pay-to-play schemes, but they would allow ISPs to make “commercially reasonable” deals to prioritize certain content. This violates the concept of net neutrality, and -- potentially even worse -- determining what is and is not “commercially reasonable” would require the kind of legal budgets and lawyers on staff that startups just don’t have. If you’re a startup and can ISP proposed a “commercially unreasonable” deal, would you have the time and resources to bring a case at the FCC? This added layer of uncertainty is another reason we cannot support Chairman Wheeler’s proposal.

Give Congress a Second Chance

This post is by Ted Henderson, Founder of Capitol Bells.

A congressional approval rating hovering around 13 percent suggests a failure to engage the public in the legislative process, but technology can provide a solution by giving citizens and politicians a new way to interact. Representatives need to know what we think in order to represent us.

Public engagement means sharing your voice with your community and elected leaders. Unfortunately, it’s not as easy as pulling your elected official aside and telling them what you think. But what if it was that easy? What if there was a way to communicate with your community and your elected officials right from your laptop or smartphone?

The primary means for public engagement with Congress has been calling, emailing, or writing letters. But the volume of constituent mail has exploded in recent years. Over 10,000 advocacy organizations now direct millions of e-mail form letters to congressional offices, and as a result the value of each voice has been devalued.

Social media and crowdsourcing technologies provide new channels for engagement and direct communication with the political and social decision makers. Anyone can share their positions on specific bills through social networks, connect with communities, and amplified their voices.

Capitol Bells quantifies the voices behind a certain position, then uses those tallies to score politicians on how well they are representing. For instance, a user interested in immigration reform can use CapitolBells.com to express their support for H.R. 15 -- the House’s comprehensive immigration reform legislation. By creating and sharing a “Motion” with friends, this user can explain why the bill is important, try to collect more support,  and push her Congressman to cosponsor H.R. 15.

Hundreds of Members of Congress and thousands of congressional staffers already use Capitol Bells to promote their own legislation. Congresswoman Grace Meng wrote in support of H.R. 15:“It is well past time to fix our dysfunctional immigration system that has hurt too many people for far too long. The American people will not accept any more excuses. The time for CIR must be now.” Every time a constituent agrees with her position on the platform, Ms. Meng’s overall score as a Representative goes up.

Congressional approval ratings may be low, but our opportunity to engage with Congress has never been higher. With social media, and tools like Capitol Bells, lawmakers have a chance to take our voices into account like never before. Let’s give Congress a second chance to represent us.

Watch Ted's Startup Speak video:

Startups Speak: Ted Henderson on Vimeo.

Startups Speak: The Entrepreneur Visa is Key

Peruvian born, Fulbright scholar, engineer, entrepreneur, and Hattery Co-Founder and Managing Director, Luis Arbulu, takes us through his perspective on current immigration policy and the Senate “Gang of Eight” bill. The highlight? The visa specifically for entrepreneurs.

In his spare time, Luis works with the White House Office of Science and Technology Policy and USCIS as an Entrepreneur in Residence, advocating for growing companies and entrepreneurs right at the center of it all.

If you have a story to tell, email editorial@engine.is

Startups Speak: We Won't Be Hiring in the U.S.

Sumit Suman is the co-founder of Mentii, an online mentoring platform connecting successful mentors with aspiring young people. Sumit started the business both in New York and Bangalore in order to benefit from capital, talent and the market across two startup hubs. But, as the co-founder of Mentii, it was imperative that Sumit could work on the U.S. side. This is where the trouble began.

The whole visa process was an expensive distraction, especially during the early bootstrapped stage when the team needed to devote all their resources to finding and proving the market. After receiving a protracted Request For Evidence (RFE), where responding to it would have resulted in further legal expenses, Sumit had no choice but to withdraw his visa application. This is despite the fact that Mentii had already invested 40 percent of their total expenditure on immigration-related costs!

Now back in India, Sumit explains that his decision was the only option for his business; even if there was a legal (though uncertain) way to stay in the U.S. in order to grow the company, the cost of doing so was too prohibitive. While the Mentii team will still find a way to engage the U.S. market, and U.S. investors, the team will not be growing here -- in other words, no additional jobs will be created in America.

Startups Speak: Sumit Suman

from Engine Advocacy on Vimeo.

If you have an immigration story to tell, email editorial@engine.is

Startups Speak: Immigration and the Innovation Economy

This post is by Fabien Beckers, Co-Founder at Morpheus Medical.

I am a foreign-born entrepreneur in America. My company, Morpheus Medical, has created the first cardiac diagnostic tool that provides 3D interactivity, flow and pressure inside the heart. And all it takes is a ten minute MRI exam. But since I am a French citizen, I faced deportation, and the possibility of losing the chance to build this life-saving company. Understanding the importance of immigration reform is understanding what innovators, of any nationality, are capable of achieving.

Heart-related diseases account for more than a third of all U.S. deaths, and in 2010, the total cost was estimated at around $444 billion; treatment of these diseases accounts for about $1 of every $6 spent on health care in this country. These numbers are second only to oncology -- the diagnosis and treatment of cancer.

Responding to the current lack of accuracy in diagnosis, our technology not only solves the problem, it also reduces the time required by doctors, and therefore lowers the cost. In addition, the non-invasive aspect makes our solution perfectly suited to diagnosing small children with heart defects and diseases.

After studying for my PhD at Cambridge in the UK, I came to the United States in 2010 to attend Stanford’s Graduate School of Business where I certainly benefited from the best education this country has to offer. But when I graduated and wanted to start a business of my own, I faced an additional challenge as a result of my nationality.

Founding a business is already a very challenging and chaotic process. When finding partners, investors and customers is just the beginning, immigration battles present another, totally unnecessary, hurdle.

At Morpheus, we were lucky enough to pique investor interest early, but unfortunately, the investment was conditional upon securing my immigration status. When my H-1B application was denied, my appeal failed, and other avenues were successively closed off, the survival of this company came down to one person in one office in California who thankfully put a stamp on my O1 application.

This is not how the system should work.

No company, community, or country can survive without talent. So we should be helping brilliant innovators who want to build companies that will change lives, here in America. Everyone I’ve spoken to -- Republicans and Democrats -- agrees that this issue needs attention. Now is the chance to act; this bill needs our support. A quarter of all tech startups have an immigrant founder. I think I speak for many of these founders when I say that I want to stay here and build a successful company that creates jobs. We need an immigration system that supports the American innovation economy.

If you have an immigration story to tell email editorial@engine.is.