Towards the Preservation of Innovation & Technology Markets: Using the Wisdom of Crowds & Plain English to Bust Bad Patents Shielding Research Universities Slashing Social Welfare Costs Undercutting Patent Trolls
Low Hanging Fruit Choose 1 or more promising streams –Software Product Liability Toyota Unintended Accelleration VW “Clean Diesel” Fraud on EPA –Big Data Misuse Policy –Intelligent Transportation Regulation –Bad Patents –Counteracting Societal Damage from Trolls –Innovation/Technology Market Development
The Troll Problem Non-Practicing Entities Extortion –Impose dead-weight social welfare loss on society –Assemble portfolios of patents primarily to extort royalties & fees –Particularly troublesome to the most vulnerable populations: start-ups and small businesses.
The S/W BMPatent Problem SCotUS opinion: –This is a “computer-implemented scheme for mitigating ‘settlement risk’... by using a third- party intermediary.” –Claims are drawn (written) to “the abstract idea of intermediated settlement” –“merely requiring generic computer implementation fails to transform that abstract idea into a patent-eligible invention.”
Proposed Work Assemble Vulnerable BMP/S-W Portfolios Deploy Big Data Analysis to Refine Portfolios Design the Recruitment of “Plain English Interpreters” to Expand Pool of Patent Busters Design Social Networks to Crowd-Source bad Patent Busting
Expected Results Protocol Development Develop Theory of Innovation/Technology Markets, define role of busters, NPE Attract Funding from Constituents Opposing Trolls, Patent Litigation Expenses, Excessive IP Rights Develop Big Data Analytics Applicable to IP, Busting, Crowd-Source do-gooders