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I’ve been asserting for at least six years that patent system is completely broken for the software industry. I’ve given numerous examples, dealt with the issue first hand as patent trolls have tried to extort many of the companies I’m an investor in, and I’ve had many public discussions about the topic.

On my run on Sunday, I listed to This American Life - When Patents Attack… Part Two! It is easily the best and most detailed expose I’ve ever heard on this issue. If you care to really understand how patent trolls work, spend an hour of your life and listen to it.

  The issue has finally gone mainstream. Here’s a great quote on patent trolls from an article in Time Magazine (how much more mainstream can you get than that.)

“In 2011, Apple and Google spent more money on patent litigation and defensive patent acquisitions than on research and development. That’s not a good sign for the U.S. economy; in fact, it’s a stark indication that our intellectual-property system is broken. Rampant patent litigation is impeding innovation and ultimately increasing the costs of gadgets for consumers, according to legal experts and industry observers. Now President Obama says he wants to reform the system.”

There was an outcry of support last week when President Obama issued a set of executive orders and suggested legislative actions to fix the broken patent system. While the press release from the White House had a bland title, the substance was solid and the articles about it got to the point.

Obama Plans to Take Action Against Patent-Holding Firms

3 Silly Abuses Obama’s Patent Troll Executive Order Could Stop

Obama Orders Regulators to Root Out ‘Patent Trolls’

President Obama to take aim at patent trolls with executive actions on Tuesday

As expected, plenty of people suggest all of this is misguided or overblown. I read John Sununu’s (former New Hampshire Senator) Boston Globe OpEd Who is a patent troll? Obama calls nation’s techies to arms, but enemy is difficult to define and grimaced as he mostly missed the point, while at the same time blaming it on the government and lawyers.

All of this is shining a bright light on a deeply rooted problem that has spiraled completely out of control and has become an enormous tax on innovation in the United States. While I don’t believe Obama’s executive orders go nearly far enough, they are a start in something that has been ignored by the White House and our government for far too long.

The post How Patent Trolls Really Work appeared first on Feld Thoughts.

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The Boulder TechStars program is in week three and the intensity level is high. The TechStars office is across the hall from ours at Foundry Group and it’s wild to see the level of activity ramp up during the three months that TechStars Boulder is in session.

I’m trying a new thing this program and doing a weekly CEO-only meeting. I’ve been trying to figure out a new way to engage with each program other than mentoring a team or two, and have been looking for a high leverage activity that I could do remotely for all of the other programs. My current experiment is an hour a week with all of the CEOs in a completely confidential meeting, but a peer meeting so each of them gets to talk about what they are struggling with to help solve each other’s problems as well as learn from each other.

We’ve done two of these meetings in Boulder and I love it so far. I’ll run this experiment for the whole program, learn from it, and iterate. If it works, I’ll scale it across all the programs.

Yesterday I also finished up my first set of 1:1 meetings with all of the teams. In my 1:1 meetings, I try to keep them very short – 15 minutes – and focus on what is “top of mind“. I learn more from this and can help more precisely than if I spent 30 minutes getting a generic pitch, which will likely change dramatically anyway through the course of TechStars. So each of these top of mind drills is “up to 5 minutes telling me about your company” and “10 minutes talking about whatever is top of mind.”

By the third week, I notice what I call “pitch fatigue” setting in. I think every entrepreneur should have several short pitches that they can give anytime, in any context, on demand.

15 seconds: Three sentences – very tight “get me interested in you” overview.

60 seconds: What do you you, who do you do it to, why do I care?

5 minutes: Lead with the 60 seconds, then go deeper.

15 minutes: Full high level pitch

30 minutes: Extended presentation that has more details

Bt week three, the teams are still fighting through getting the 15 second and 60 second pitch nailed. That’s fine, but there’s emotional exhaustion in even trying for some of them. The founders have said some set of words so many times that they are tired. The emotion of what they are doing is out of the pitch. Their enthusiasm is muted – not for the business, but for describing it.

Recently I was on the receiving end of a description from an entrepreneur, who has a great idea that I love, that had the emotional impact a TSA inspection at the airport. He was going through the motions with almost zero emotional content. At the end of it, I said one sentence - ”Don’t get sick of telling your story.” I then went deeper on what I meant.

He responded by email later that day:

Thanks for articulating what was going on in my head. I think I was getting burnt out from telling the same story to so many mentors. I need to stay focused and stick with the story that worked well the first 40 meetings. I also need to be careful that the lack of “freshness” doesn’t affect how passionate and energetic I come across. Timing for this realization couldn’t be better given our upcoming fundraising trip.

I’ve done an enormous amount of pitching and fundraising over the years. When we raised our first Foundry Group fund in 2007, I did 90 meetings in three months before we got our first investor commitment. By meeting 87, after hearing no a lot (we got about 30 no’s out of the first 90 meetings before we got a yes) I was definitely had pitch fatigue. But every time I told it, I brought the same level of intensity, emotion, optimism, and belief that I did the first time I told it. Today, six years later, when I describe what we are doing and why we are doing it, and why you should care, I’m just as focused on getting the message across as I ever have been. And I never get tired of telling our story.

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Over and over again people talk about transparency. Many people assert they are transparent, or are being transparent. Few actually are.

I was thinking about this last night while watching the last few episodes of Revenge: Season 2 with Amy. Suddenly the word “transparent” started being thrown around by the Grasons, referring to their new found desire to be transparent. In this case, it was simply disingenuous - they are transparent only when it suits their purposes and usually as a setup of some other nefarious act they were about to perform (or had performed).

Whenever a word makes it into a TV show like Revenge, you know that it’s lost all meaning. And, as I’ve observed in the world of tech and startups I play in, transparency is used all the time to justify something, but rarely actually supported by behavior.

In the “everything that is old is new again” category, the master of transparency, and likely the originator of “open book management“, is Jack Stack. I remember meeting Jack and hearing him talk at the very first Birthing of Giants event created by Verne Harnish in 1991. I read Jack’s book – The Great Game of Business: Unlocking the Power and Profitability of Open-Book Management – about his experience at Springfield ReManufacturing Corp - and was blown away by his thinking. My first company – Feld Technologies – was definitely not run with an open book and Jack’s ideas were very provocative to me.

Over the years, several CEOs I’ve worked with have been incredibly open book, or – if you want to use today’s lingo – transparent. My two favorites are Matt Blumberg of Return Path and Rand Fiskin of Moz. Matt shares his entire board book after the board meeting with everyone at the company (now over 400 people). He’s been doing this since the beginning, and only redacts specific compensation information and occasional legal stuff. Rand shares – well everything – including one of the best, most detailed, and completely transparent posts about a private company financing in the history of private company financings.

When an entrepreneur says he’s transparent, I know ask “do you publish your board book to your entire company?” I view this as a benchmark for transparency. If the answer is “no”, then I ask the entrepreneur what he means by “I’m transparent.” If you can’t be open with your company about the information you report to your board, how can you actually be transparent?

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