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NEWS FEED
Engine Releases Startup Agenda 2021
It may sound like a cliched talking point, but it’s true—small businesses are the lifeblood of the U.S. economy. And that includes the small businesses of the technology sector, the thousands of innovative, tech-enabled, high-growth companies across the country that make up the U.S. startup ecosystem.
Engine Asks Biden-Harris Team to Consider Startups When Naming Next USPTO Director
In a letter to President-elect Joe Biden and Vice President-elect Kamala Harris, Engine outlines principles we hope will guide the incoming administration’s selection of the next director of the U.S. Patent and Trademark Office (“USPTO”). The full text of our letter is below.
Statement on the Digital Copyright Act
The Digital Copyright Act of 2021 from Sen. Thom Tillis (R-N.C.) proposes changes to copyright law that would be bad for startups that host user-generated content and the everyday Internet users and Internet-enabled creators they serve. As currently drafted, the bill would disrupt a statutory framework at the foundation of innovation, creative expression, and economic growth that would not have been possible twenty-five years ago.
Statement on the CASE Act’s inclusion in the omnibus spending bill
We are disappointed by Congress’s decision to include controversial copyright legislation in the must-pass omnibus spending bill. As Engine and several smaller Internet platforms expressed earlier this month, “the CASE Act—as currently drafted—will be fundamentally unfair to and create substantial confusion for” everyday Internet users, small businesses, and Internet-enabled creators across the country. That bill would create an extra-judicial board where certain copyright holders could seek substantial damages—up to $30,000—over alleged copyright infringement.
Engine Asks Supreme Court To Ensure That the Patent Review Process Remains Available To Startups
Engine and the Electronic Frontier Foundation submitted an amicus brief to the U.S. Supreme Court this week in United States v. Arthrex Inc. asking the Court to reconsider a Federal Circuit decision last year that found that administrative patent judges (APJs) of the Patent Trial and Appeal Board (PTAB) were unconstitutionally appointed.
Engine Submits Comments To USPTO on Proposed Changes That Would Weaken Patent Review
Engine submitted comments to the U.S. Patent and Trademark Office this week in response to the agency’s request for comment concerning the exercise of discretion to deny inter partes review (IPR) petitions. IPR makes it easier for startups and other small businesses to push back against frivolous lawsuits brought by patent trolls, but the USPTO’s proposal would codify current policies and practices that weaken the patent review process. This would make it more difficult for startups to challenge low-quality patents and open the door to further abusive litigation.
Engine Asks Supreme Court To Curtail Doctrine That Lets Low-Quality Patents Stand
Engine submitted an amicus brief to the U.S. Supreme Court this week asking the Court to reconsider the broad doctrine of “assignor estoppel,” which limits the ability of companies—especially startups—to challenge the validity of certain low-quality patents asserted against them.
Companies Urge Congress to Investigate Policies Shielding Invalid Patents
Several startups and smaller tech companies have joined over 50 others—from automakers to telecommunications firms—in letters to Congress expressing concern about the increasing use of discretionary denials which leave invalid patents in force.
Engine Submits Comments To USTR on China’s Compliance With WTO Commitments
On both the domestic and global scale, startups need balanced, certain IP frameworks and policies which allow the free flow of data in order to grow and succeed. While efforts currently underway in China signal some potential progress on those fronts, there are indications that China’s evolving policy landscape may continue to present impediments to startups hoping to grow across the world.
Engine Submits Comments to EU on Implementing Copyright Policy Directive
Startup Internet platforms operating in the European Union may soon face complex and expensive rules to avoid liability when their users are accused of copyright infringement.
Congressional Startup Day 2020
During the second week of August, more than 40 members of Congress met with over 100 entrepreneurs across the United States as part of Congressional Startup Day. This annual, bipartisan celebration of startups brings together founders and policymakers to discuss the challenges and successes of entrepreneurship in America. Although the COVID-19 outbreak forced many of the meetings this year to be held virtually, lawmakers still spent the week around Congressional Startup Day conversing with entrepreneurs in their states and districts about the policy needs of startups—particularly about the ways in which Congress can better support the country’s startup community amidst the pandemic.
Engine and R Street File Amicus Brief Urging Court to Prevent Gamesmanship in Patent Damages
Patent litigation is notoriously expensive and can last for years. For startups in particular, the high costs and risks of these lawsuits are difficult to cover. Startups already operate on thin margins, and do not have excess resources to spend on legal fees or settlements arising from frivolous patent assertions. The mere existence of litigation (or a patent demand) also forces startups to divert attention from R&D, makes it difficult for startups to attract customers and investors, and can cause drops in valuation.
The Importance of DMCA for Startups
Section 512 of the Digital Millennium Copyright Act (“DMCA”) is a landmark law that has provided startups, copyright holders, and Internet users with a balanced framework to address allegations of online infringement. But Congress is considering revising the law, and in that process it is critical for policymakers to carefully consider the importance of the DMCA to the startups and creators that rely on its protections.
Startups Are Using Emerging Technologies to Confront the COVID-19 Pandemic
As Americans continue to confront the challenges caused by the coronavirus pandemic, startup founders are doing everything they can to support efforts to respond to the pandemic. We spoke with two startup founders who are working to leverage emerging technologies—including nanotechnology and automation—for the public good.
Engine Hosts Town Hall With Rep. David Schweikert and Arizona Startups
With many small businesses struggling as a result of the COVID-19 outbreak, startups are stepping in to offer free services to help small firms navigate the economic uncertainty. Whether it’s opening up their platforms to keep small businesses engaged with their local communities, or aggregating available resources and federal loan information for struggling firms, startup founders are using their knowledge, experience, and services to support other entrepreneurs in need of assistance.
Startups Supporting Small Businesses Through The Pandemic
With many small businesses struggling as a result of the COVID-19 outbreak, startups are stepping in to offer free services to help small firms navigate the economic uncertainty. Whether it’s opening up their platforms to keep small businesses engaged with their local communities, or aggregating available resources and federal loan information for struggling firms, startup founders are using their knowledge, experience, and services to support other entrepreneurs in need of assistance.
App-Focused Startups Pivoting to Support Communities impacted by COVID-19 Outbreak
As federal officials increasingly rely on tech companies to help combat the spread of COVID-19, entrepreneurs across the country are retooling their existing digital applications to aid in coronavirus detection and prevention efforts. Whether it’s working with local and state health officials to leverage their apps, or figuring out ways to implement their services in a beneficial way, startups are determining how to best utilize their mobile apps for the public good.
Startups Changing Their Business Models in Response to COVID-19
As Americans struggle to cope with the COVID-19 pandemic, hundreds of startups all across the country are leveraging their tools, resources, and services to aid medical researchers and businesses in need of immediate assistance. Engine spoke with four entrepreneurs who pivoted their business practices to better support those affected by the ongoing pandemic. This is the first post in a series on startups and entrepreneurs who are responding to the COVID-19 pandemic.
Fortress Patent Fight Shows Abusive Litigation Hurts Startups
Last week, Intel Corp. and Apple Inc. responded to a motion to dismiss their case against Fortress Investment Group LLC.[1] That case centers around accusations of abusive patent assertion, but it is more than just a fight between big companies and wealthy investors.