The Trump Administration’s decision to delay and potentially eliminate the International Entrepreneur Rule (IER) is deeply troubling to the startup community.
Today, the Supreme Court delivered a blow to patent trolls by unanimously reversing the Federal Circuit’s decision in TC Heartland v. Kraft Foods Group Brands LLC. The high court ruled that defendants in patent cases can only be sued where they are incorporated or have a regular and established place of business. The decision will make it significantly harder for patent trolls to file lawsuits in jurisdictions that patent-friendly but otherwise unrelated to the claims at issue—most notably the Eastern District of Texas, where almost forty percent of patent cases were filed last year.
Today, the Federal Communications Commission (FCC) voted to adopt a Notice of Proposed Rulemaking (NPRM) to roll back the 2015 Open Internet Order and reverse the agency’s Title II classification of Internet Service Providers (ISPs). Today’s vote initiates a public comment period of 90 days. The following statement can be attributed to Engine Executive Director Evan Engstrom.
Today, Engine hosted Austin Meyer, the director of the new documentary “The Patent Scam,” at the Capitol Hill Visitor Center. The screening and subsequent discussion with real victims of patent litigation abuse demonstrated the extent that the U.S. patent system is failing to protect small businesses and startups from patent trolls.
Yesterday, President Donald Trump signed an executive order reiterating the Administration’s policy to buy American and hire American. The ‘Hire American’ side of the Executive Order directs federal agencies to evaluate the various programs that allow foreign workers to enter the United States, with a particular focus on the H-1B visa program.
Today, the U.S. Court of Appeals for the 9th Circuit ruled against President Trump’s executive order banning the citizens of seven countries and refugees from entering the U.S., maintaining a lower court’s freeze on the order. As a result, immigrants and refugees who were previously barred from the country under Trump’s EO can continue to enter the U.S.
Today, the U.S. House of Representatives passed the widely supported, broadly bipartisan Email Privacy Act, making this the second consecutive year that this common-sense update to the Electronic Communications Privacy Act (ECPA) has passed the House. The bill makes a critical update to existing digital privacy laws that clarifies that law enforcement must obtain a warrant—except in certain clearly defined emergencies—before accessing an individual's electronic communications.
The startup community is deeply troubled by the Administration’s decision to limit the movement of immigrants—including lawful visa holders—into the U.S. on the basis of religion and country of origin—a move that came with no forewarning and has engendered uncertainty for many people, including employees at America’s startups. The executive order is both morally and economically misguided, and sets a dangerous precedent that signals to the rest of the world that America is no longer open for innovation.
Under Director Michelle Lee, the Patent Office has made real strides toward fixing patent quality. While much work in that area remains to be done, we are encouraged by the steps she and her team have taken and are pleased that she will remain in her role in the incoming Administration so that this important work can continue. Startups in particular rely on a well-functioning patent system, and under Director Lee's leadership, the Patent Office has welcomed the startup community to play a role in that debate. We look forward to continuing working with her to ensure that that the patent system promotes rather than hinders innovation.
On Friday, the White House released an advance copy of its final International Entrepreneur Rule, which will allow qualifying foreign entrepreneurs to build their startups in the U.S. The final rule will be published in the Federal Register today and will become effective on July 17, 2017.
On Tuesday, the U.S. House of Representatives passed the Helping Angels Lead Our Startups (HALOS) Act by a vote of 344 to 73, an even wider margin of support than when the bill passed the House during the previous Congress. Engine applauds the House passage of the bill, which would clarify regulatory ambiguities around general solicitation to ensure that startups aren't unintentionally running afoul of securities laws when participating in demo days and pitch competitions
Engine commends Congressman Kevin Yoder (R-KS), Congressman Jared Polis (D-CO), Congressman Bob Goodlatte (R-VA), Congressman John Conyers (D-MI), and the bill’s other cosponsors for today’s reintroduction of the Email Privacy Act, legislation that would make critical reforms to our nation’s outdated outdated digital privacy laws.
Today, Federal Communications Commission Chairman Tom Wheeler announced his plans to step down from the agency on January 20, 2017. The following statement can be attributed to Engine Executive Director Evan Engstrom: “In his time at the helm of the FCC, Chairman Tom Wheeler has been a tireless champion for startups and innovators everywhere, and Engine is grateful for his service.
On Tuesday, the San Francisco Board of Supervisors passed unanimously an ordinance sponsored by Supervisor Mark Farrell that will give San Francisco residents more freedom to choose their broadband provider. Engine helped galvanize support around the issue by circulating a petition signed by more than 200 San Franciscans. The following statement can be attributed to Engine Executive Director Evan Engstrom:
This morning, the Supreme Court ruled unanimously in Samsung’s favor in a case against Apple involving how damages should be calculated and awarded in design patent cases. In a win for the startup community, the court held that an award for design patent infringement does not necessarily allow the patent holder to obtain damages equivalent to the total profits of a product in which the patented design is used, as the lower court originally ruled. Rather, courts can award design patent damages for the particular components in which the patent was used. The decision may result in the lower court drastically decreasing its original award of almost $400 million to Apple, though the Supreme Court did not rule on how the modified damage amount should be calculated.
Today, Engine Advocacy and Tusk Ventures released their second “Grading the Candidates on Tech” report card, this time grading the positions that candidates for the U.S. Senate are taking with key issues facing startups and the innovation economy. Twenty-two candidates were rated based on their level of support, understanding, and familiarity with technology and the priorities of the nation’s startup community. Final grades reflect candidates' positions on key issues including broadband access and infrastructure, intellectual property, data security and privacy, and talent acquisition.