I got this email this morning.
I’ve been following blogmaverick.com for a loooong time. I’ve recently come up against a patent related issue and figured I give it a shot in running it by you since you write about patent law often. I’ll be brief…
I spent the last year developing an extremely valuable piece of technology. I have caught the eye of a Fortune 500 company that would benefit most from the technology and they want to make a strategic investment in my small company. The problem is they are big, stodgy and paranoid… and they are hung up on my software possibly infringing on patents. As you know that it is almost impossible to create new software nowadays that is not at risk of possibly being interpreted to infringe on prior art. And I’m sure their overpaid legal team will find *something* that they will vaguely relate to justify their salaries.
I’ve done plenty of software deals in the past and have never quite run up against an inventor that has been so paranoid.
You are an investor… Is there anything I can say to them that will ease their concerns? Any way to structure the deal to ease their concerns?
Any advice is appreciated.
My Advice ?
There is nothing you can do. If some patent troll or someone else wants to attack you with a lawsuit, there is no way you can proactively protect yourself. It is an unfortunate cost of doing business these days.