IP

IP Recap - 09/08/21

IP Recap - 09/08/21

A recent court decision confirming limits around patent (in)eligibility also reveals how this area of the law can more quickly resolve cases where weak patent claims are broadly asserted against companies—including startups and small businesses. In PersonalWeb Techs. LLC v. Google LLC, the Federal Circuit applied § 101 of the Patent Act to cancel patent claims which should not have issued in the first place—but were part of a patent that had been asserted in nearly 170 lawsuits against numerous defendants.

Startup News Digest 08/27/21

Startup News Digest 08/27/21

The Big Story: Startups should watch as Congress works on reconciliation bill. The House this week moved ahead with two major legislative packages that will have varying impacts on the U.S. startup ecosystem. On Tuesday, the House voted to approve a budget resolution creating a path for Congress to write its $3.5 trillion reconciliation bill, which could include immigration, childcare, and tax provisions. It also set a deadline to vote on the $1 trillion bipartisan infrastructure bill in late September, which includes billions of dollars for broadband expansion.

Startup News Digest 07/23/21

Startup News Digest 07/23/21

The Big Story: Patent Quality Week examines startups’ need for balance. Today we close out our inaugural Patent Quality Week where we partnered with numerous organizations to showcase the importance of patent quality from a variety of perspectives and industries.

What We Heard from the Founders about Startups & Patent Policy 

What We Heard from the Founders about Startups & Patent Policy 

This week, during the inaugural Patent Quality Week, Engine, the Consumer Technology Association, and ACT | The App Association hosted a webinar to allow more of you to hear directly from these startup leaders across the country about the exciting work they are doing, and about how patents and abusive patent assertion affect their ability to grow and succeed.

Startup News Digest 07/16/21

Startup News Digest 07/16/21

The Big Story: As Congress pushes ahead on infrastructure, startups stand to gain. Congress has the chance to move the ball forward on an infrastructure package that if passed, would provide billions of dollars for several categories of infrastructure, including roads and bridges, electric vehicles, cybersecurity, and broadband—a major win for startups.

Startup News Digest 07/02/21

Startup News Digest 07/02/21

The Big Story: Global leaders land on tax deal that would create certainty for tech. Negotiations on a global tax regime came to a close on Thursday, with 130 countries and jurisdictions—including India, China, and Switzerland—agreeing to a deal supported by U.S. policymakers and technology companies that targets the world’s largest companies.

Startup News Digest 06/25/21

Startup News Digest 06/25/21

The Big Story: After marathon markup, House panel advances tech bills. Following a multi-day, contentious markup, the House Judiciary Committee advanced several bills aimed at large tech companies despite concerns from companies, industry groups, and lawmakers on both sides of the aisle that the bills will have unintended consequences—including making it harder for startups to get acquired.

Startup News Digest 06/11/21

Startup News Digest 06/11/21

The Big Story: G7 tax deal reached, but faces uncertainty in U.S. Congress. This week, the finance leaders of the G7 countries came to an agreement on a global minimum corporate tax rate of at least 15 percent, which could hinge on the withdrawal of unilateral digital services taxes that disproportionately impact U.S. tech firms. The deal, which comes after years of negotiations in an effort to revamp international taxation, represents a first step in redrafting the rules in how multinational corporations are taxed.

Startup News Digest 05/28/21

Startup News Digest 05/28/21

The Big Story: Lawmakers consider SHOP SAFE Act despite outsized impact on e-commerce startups. This week, lawmakers examined the recently reintroduced SHOP SAFE Act, which would place high compliance burdens on e-commerce startups with the goal of deterring trademark infringement. The bill was the subject of yesterday’s hearing held by the House Judiciary’s Subcommittee on Courts, Intellectual Property, and the Internet.

Startup News Digest 05/07/21

Startup News Digest 05/07/21

The Big Story: Spotlight back on content moderation as Facebook upholds Trump ban. Internet companies' content moderation decisions are back in the spotlight this week as Facebook’s oversight board—a panel of journalists, activists, and lawyers that reviews the company’s content decisions—announced that former President Donald Trump should remain suspended from the platform, prompting criticism and threats of legislation from Republicans in Congress. Facebook banned Trump in January after the insurrection attempt on January 6th, citing the ongoing risk of political violence. The board also said that Facebook was wrong to impose an indefinite ban and called for the company to decide in the next six months whether to restore Trump’s account, permanently remove him from the platform, or suspend him for a specific timeframe.

IP Recap - 04/28/21

IP Recap - 04/28/21

Last month, Engine joined an amicus brief in a case at the intersection of intermediary liability and intellectual property law. In Hepp v. Facebook, a plaintiff argued photos of her were taken and posted without her consent, in violation of Pennsylvania’s right of publicity law. And on the theory that state right of publicity claims constitute “intellectual property,” she sought to hold Facebook, Reddit, Imgur, and other platforms liable for those user-generated posts.

Balanced, Certain IP Frameworks are Critical to Support Startups and Drive Innovation

Balanced, Certain IP Frameworks are Critical to Support Startups and Drive Innovation

TLDR: Across the country, small- and medium-sized companies rely on and benefit from balanced and certain intellectual property (IP) laws to innovate and build better businesses. That’s why this week’s celebration of World Intellectual Property Day provides a timely opportunity for U.S. policymakers to better appreciate the importance of such balance and certainty when crafting policy that applies to the emerging startups that are critical hubs of global innovation.

Lawmakers Are Right to Prioritize Diversity and Inclusion in Innovation

Lawmakers Are Right to Prioritize Diversity and Inclusion in Innovation

TLDR: A key Senate panel is holding a hearing tomorrow to discuss ways to improve diversity within the U.S. patent system. As entrepreneurs across the country call on the government to support more diversity in innovation, and with the country continuing to confront systemic inequities, policymakers must work to ensure that increasing diversity in innovation—both inside and especially outside the patent system—remains a central component of their work.

Supreme Court Ruling in Google v. Oracle a Win for Startups

Supreme Court Ruling in Google v. Oracle a Win for Startups

TLDR: A Supreme Court decision yesterday means that startups and developers should be able to continue to use software interfaces, known as application programming interfaces (APIs), without facing liability for copyright infringement. Startups and developers routinely rely on APIs to create interoperability and compatibility between computer programs, and they had long understood APIs to be exempt from copyright protection. But a yearslong lawsuit between Oracle and Google put that understanding—and the use of APIs—at risk. Now, the Supreme Court has held that using APIs is a fair use under the law, and its reasoning should permit entrepreneurs to continue using APIs when developing innovative products and services.

Engine Welcomes Supreme Court Ruling in Google v. Oracle Case Over Fair Use of APIs

Engine Welcomes Supreme Court Ruling in Google v. Oracle Case Over Fair Use of APIs

“This morning’s decision in Google v. Oracle is a win for startups and developers across the country. The Supreme Court has left the doors open to innovators and entrepreneurs using APIs to create interoperability and compatibility between computer programs. With confirmation that such use is fair, startups can more affordably build software without incurring steep licensing costs and facing the constant risk of litigation.”

Proposals to Change Copyright Law: What Do They Mean for Startups?

Proposals to Change Copyright Law: What Do They Mean for Startups?

Every day, people use the Internet to create and share content with others across the globe—and those users, and the Internet companies they rely on, each depend on a copyright framework some policymakers are looking to change. Specifically, a few members of Congress indicated they may be willing to re-open Section 512 of the Digital Millennium Copyright Act (DMCA). Unfortunately, the policy debate mostly revolves around large companies—both big tech companies and Internet platforms as well as large rightsholders in traditional content industries, like mainstream music or movies. But this area of the law is critical to all types of companies, Internet users, and creators. This post attempts to unpack some recent proposals, in an effort to help more stakeholders—especially tech startups—understand what is happening.

Startups Need Congress to Focus on Balance, Quality, and Inclusion When It Comes to IP

Startups Need Congress to Focus on Balance, Quality, and Inclusion When It Comes to IP

In letters this week to key congressional panels, Engine outlined startup-forward principles and priorities that we hope will guide Congress’s work on patent and copyright law this year. We wrote to the leaders of the Senate’s IP Subcommittee and the House Subcommittee on Courts, IP, and the Internet, encouraging each Subcommittee to promote and preserve balanced IP frameworks, emphasize patent quality, stress modernization, and advance diversity and inclusion.