Google and Intertrust have announced the creation of Patent
Shield, which is designed to protect startups. Essentially, the exchange is
access to a patent portfolio for an equity stake in the startup. It seems to put startups in the position of a
much more resourced company with a portfolio of patents and presumably freedom
to operate. This appears to be another
attempt to get ahead of something like the patent troll problem; however, it seems
to be aimed at patent demands from entities that are practicing not absolute non-practicing
entities because the portfolio is supposed to provide leverage against the
entity asserting infringement initially.
Interestingly, this appears to be a great way for Google and Intertrust
to find licensing partners for their patented technology without looking like a
“bad guy” by operating through patent demand letters—let them come to us. Very clever.
It also gives Intertrust the opportunity to offer its IP services to startups, and maybe a chance for additional investment/acquisition opportunities through notice about great new startups that have attracted the attention of established players in the market. Very, very clever. For more details, please see here.
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