Fresh off the heels enacting the California Consumer Privacy Act, California Governor, Jerry Brown, signed the country’s first law governing the security of Internet of Things or connected devices. The bill, SB 327, is entitled “Security of Connected Devices.”

Beginning on January 1, 2020, all manufacturers of connected devices will be required to equip the device with reasonable security features to protect against the unauthorized access, destruction, use, modification or disclosure of information that is collected or transmitted by the device. Continue Reading California Steps into the Fray to Regulate the Security of Connected Devices

An important aspect of developing any intellectual property strategy and portfolio is deciding which method of intellectual property protection to pursue based on the advantages and disadvantages of each method. Plants may be protected through utility patents, certificates under the Plant Variety Protection Act (“PVPA”), and plant patents. Each of these methods has their own requirements with various levels of stringency for obtaining a utility patent, certificate, or plant patent, as well as different levels of protection, as will be discussed below.

Continue Reading Growth through Intellectual Property – Plant Protection through Utility Patents, Certificates, and Plant Patents

Many commentators have noted recently that the near-monopoly Silicon Valley has enjoyed in technology startups is beginning to erode. Last month, The Economist magazine dubbed the trend a “techsodus” from the Bay Area and stated that “[Silicon] Valley’s influence is peaking.”

Much of the venture capital investment aimed at technology startups is still raised in and flows into California, but increasingly, when startups look to scale their business models, they are doing it elsewhere, due to the increasingly high costs associated with the Bay Area in terms of talent, real estate, and taxes. This shift in investment will greatly benefit regions that have ample incentives in place to attract startups, areas like greater Kansas City and other cities throughout the Heartland.

Continue Reading Historic Shift in Venture Investment Could Benefit Kansas City and Region

Every company, but especially startups, looks for a competitive edge to provide an advantage over other companies. Intellectual property (“IP”) rights and the strategy of how to leverage them may separate a startup from other companies.

Because IP can be an essential part of a business and of significant interest to potential investors, startups often enthusiastically disclose their inventions, technology, and other IP when pitching to potential investors or at public events. However, pitching to potential investors or publicly presenting before protecting the IP can have devastating consequences for companies.

We provide below a few of the reasons why companies should consider protecting their IP before disclosing it to the public.

Continue Reading Think Twice Before You Speak – Intellectual Property and Public Disclosure

globe charts graphsCongratulations! You have developed or launched an innovative new product or service, and your business dreams are becoming a reality. It’s all very exciting.  One thing you may not have considered much, however, is whether your innovations or brand are susceptible to infringement in the international context. Will competitors try to make a knock-off product or steal your trade secrets? Are foreign companies going to ship infringing articles to the U.S. market? Protecting your intellectual property (IP) is key. Here are some fundamental suggestions to thwart such threats to your growing business. Continue Reading International IP Issues for Startups

Let’s say that your next idea—which could be the next big idea—involves a web-based collection, compilation, or some presentation of a sliver of “big data” so pioneering, maybe even disruptive, that customers and investors will come chomping at the bit to get their hands on it. Your idea, undoubtedly, has an e-commerce angle, such as a proprietary feature complete with pricing information indexed for your customers’ convenience. A meaningful portion of your solution’s value will likely stem from this carefully selected catalog of prices. So, how do you protect it?

There are several mechanisms of protection at your disposable—some technical and others legal, for example. Determining the specific type and degree of security measures that you will deploy to defend against the myriad of potential threats is a business decision, which must be made early and revisited often.  However, one modern technical phenomenon, data scraping, presents a particularly tricky business dilemma warranting a deeper level of analysis.

Continue Reading Publicly Available Data: To Scrape or Not to Scrape?

Husch Blackwell’s Jeff Simon, Nathan Oleen and Ed Wilson have been named to the 2018 Kansas City Techweek 100. Techweek is an annual event bringing together entrepreneurs, visionaries, and thought leaders in an effort to build a better world through tech entrepreneurship. During Techweek Kansas City, national industry leaders speaking on a variety of subjects including venture capital, virtual reality and augmented reality, IoT/smart cities and crypto currency/blockchain. TechWeek Kansas City also brings together educational and networking opportunities, speaker panels, interactive workshops, a hiring fair, nationally recognized keynote speakers and an expanded expo with over 100 booths. Techweek organizers said the Techweek100  list is a “celebration of fast-growing companies, prominent investors, key enablers of the digital ecosystem, creators of new technologies, and other innovators that make important contributions to their field.”

The Techweek 100 list recognizes leaders who significantly contribute to the business and technology landscape in Kansas City. Jeff Simon was named an Ambassador, considered to be “founders, influencers, and prominent voices who act as positive representatives for the tech community.” Nathan Oleen and Ed Wilson were named Cultivators, representatives of “organizations that support and enable the tech ecosystem.” Techweek Kansas City 2018 is scheduled for October 8-12.

trademarkChoosing a common or trendy name for your startup opens your company to risk. You might like the name “Company XYZ,” and you might think you’re the “Company XYZ” of your field, but “Company XYZ” might disagree with you. If you are looking to choose a brand or product name, you need to think about trademarks earlier than you think.

Continue Reading What’s In a Name?: Issues with Naming Your Product and Company

startup moneyPreviously, we outlined the most common exit strategies for startups and why it is important to think about those strategies early. One of the most common exit strategies is mergers and acquisitions, or “M&A”. For a startup, this means the sale of all or a part of your company to another person or entity. Although M&A can refer to a sale of assets or equity of a company, we will primarily focus here on equity.

There are two types of M&A transactions which are distinctly different exit strategies: strategic and financial. A strategic M&A transaction would be the sale of your startup to another larger company that is a competitor, within the same industry, or that would enjoy some synergy with its current business by acquiring your company. Think of Amazon acquiring Whole Foods, Facebook acquiring Instagram and WhatsApp, or Google acquiring YouTube and Waze.

Continue Reading M&A: Strategic vs. Financial Buyers

healthcare technology iotThe influence of the Internet of Things (IoT) will undoubtedly be transformational with a total potential economic impact estimated to be $3.9 trillion to $11.1 trillion a year by 2025. In the race into the IoT marketplace, there are both known and unknown legal hurdles that will affect those who offer of goods and services during the proliferation of the Internet of Things.

Some of the current and potential legal hurdles related to the IoT are well known, some are not, and some are the result of the intersection between the physical and virtual worlds, and the collision between two intersecting major drivers of innovation in IoT. On one hand, there are the established manufacturers of products and consumer goods whose expertise in developing, testing and manufacturing products puts them in an advantageous position. On the other hand, there are the technology companies who are used to developing software and whose expertise lies in software development, data collection, and data processing. Continue Reading Hurdles the Internet of Things Must Clear for Manufacturers and Providers