Towards the Preservation of Innovation & Technology

Markets: Using the Wisdom of Crowds & Plain English to Bust

Bad Patents

Shielding Research UniversitiesSlashing 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