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Startups Party at the Patent OfficePhotograph by Image Source/Getty Images

Startups Party at the Patent Office

By on May 03, 2012

Software startups have traditionally avoided patenting their innovations, viewing it as an unneeded expense that can eat up $15,000 or so. “We thought about it, because there’s definitely some patentable stuff,” says Brett Martin, the chief executive officer of New York’s Sonar, which makes an app that helps people connect with strangers. “But we’re busy trying to build a business.”

Yet many who aspire to build the next Facebook are learning from the mistakes of their guru, Mark Zuckerberg. His company was unprepared for the battle that erupted when Yahoo! (YHOO) sued in March for infringing 10 patents. Soon after, Facebook purchased 750 patents from IBM (IBM) and spent an additional half-billion dollars on part of the AOL (AOL) patent portfolio recently bought by Microsoft (MSFT). Meanwhile, Apple (AAPL), Google (GOOG), Oracle (ORCL), and other tech giants are locked in patent lawsuits.

Which is why more entrepreneurs are thinking like Oliver Cameron. His new iPhone app, Everyme, is a social network similar to Facebook. Behind the scenes, though, algorithms perform some fancy operations, such as grouping a user’s friends on other networks according to criteria such as geography or workplace. Before the app’s launch in April, Cameron, the CEO of the Menlo Park (Calif.) startup, made sure to file his patent paperwork. “We’re not really patent whores,” he says. “We’re just proud of what we’ve built.”

“The Valley in general seems to be getting more litigious,” says Travis Katz, a former Myspace executive who co-founded travel startup Gogobot. “Big companies can sue small companies out of existence, even with a baseless claim.” Katz has had his lawyers begin reviewing Gogobot technologies that could be patented. Path, a mobile social network started two years ago, has filed for 13 patents. Karma, which makes a gift-buying app, has filed for three patents covering technologies related to commerce, notifications, and social networking.

Chris Tolles, an investor and the CEO at local news site Topix, says startups should invest in patents before pool tables and Aeron chairs—the typical accoutrements of hip young companies. “I wouldn’t do it Day One. But you’re a year in, you have some funding, then yeah, get some patents,” he says. The patent process can take as long as five years, according to Mark Radcliffe, a partner at law firm DLA Piper.

While small tech companies are learning to play the patent game, at least one larger one is trying to change the rules altogether. On April 17, Twitter announced all its patents will be governed by its Innovator’s Patent Agreement. Under it, the person whose name is on a patent—usually an engineer or scientist—retains control over how the patent is used, even if the patent is sold to another company. Patent owners must ask the innovator’s permission before suing over the patent, although there are exceptions for companies that use patents defensively.

Everyme’s Cameron and his co-founder Vibhu Norby want to support the IPA. Their first three apps were already with the U.S. Patent and Trademark Office by the time IPA was available, though, and they don’t plan to refile them. “There are bigger things to worry about,” says Cameron. “Like launching,” says Norby.

The bottom line: While startups get serious about intellectual-property law, Twitter pioneers a type of patent friendly to engineers.

Milian is a reporter for Bloomberg News in San Francisco.

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Article from AboveTheCrowd.

This morning, Intuit announcedits agreement to acquire one of Benchmark’s portfolio companies, Demandforce, for $424mm. As with Instagram, Benchmark Capital is the largest institutional investor in Demandforce. Unlike Instagram, which is a consumer application and is extremely well known, Demandforce focuses on local professional businesses and has chosen to keep an intentionally low profile – a strategy that has served them well.

Great entrepreneurs often blaze their own trails, and the founder and CEO of Demandforce, Rick Berry, is no different. In a day and age of social media, where many companies project a persona much larger than reality, Demandforce chose instead to focus on its customers and its products. We never even announced Benchmark’s funding of the company, which I believe is unprecedented. The Demandforce team always felt that the attention should be focused on the customer rather than the company.

Demandforce’s customer mission has always been the same – to help small businesses thrive in an evolving and increasingly complex connected world. Today, they are the leading provider of interactive “front office” SAAS services to thousands and thousands of professional small business owners. The Demandforce product is a powerful web-based application that seamlessly integrates with existing workflow systems, works automatically, and delivers guaranteed results. Through this, Demandforce provides local businesses – like salons, auto shops, chiropractors, dentists, and veterinarians – with affordable and easy access to the tools and platforms that large enterprises use to communicate with customers, build a strong online reputation and leverage network marketing. It you have ever received an automated communication from your dentist, it was likely sent through Demandforce.

Demandforce’s success puts it at the forefront of the burgeoning “Local Internet” wave. The combination of Internet pervasiveness and smartphone penetration has led to a complete reconfiguration with regard to how local businesses interact with their customers. These local businesses have traditionally spent over $125B/year on traditional media, and this is only in the U.S. But the channels they have historically used, such as the newspaper and the yellow pages, are increasingly compromised. These business owners know they need new solutions, and these dollars will be reallocated to these exciting new platforms. Benchmark believes this “Local Internet” wave is many times larger than the “social” and “mobile” themes with which it is often contrasted. In addition to DemandForce, Benchmark is fortunate to have backed such “Local Internet” market leaders as OpenTable (OPEN), Zillow (Z), Yelp (YELP), Peixe Urbano, GrubHub, Uber, and Nextdoor.

It has been an honor and a pleasure to work with Rick Berry, Patrick Barry, Hoang Vuong, Mark Hale, Sam Osman and Annie Tsai at Demandforce. This is truly one of the best teams ever assembled. It was also a pleasure to work with Steve Kostyshen as well as Mike Maples of Floodgate and Peter Ziebelman of Palo Alto Venture Partners, all of whom preceded us in their investment, and all of whom are passionate fans of the company.

It is certainly thrilling to see a team of entrepreneurs reach a significant milestone such as this.  That said, it is equally bittersweet as it means we will no longer be working directly with them on this incredibly compelling mission. Our loss is unquestionably Brad Smith and Intuit’s gain. Combining the leading “front office” small business SAAS vendor with the iconic Silicon Valley small business company is an incredibly compelling combination.

Read more here.

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Article from SFGate.

Facebook investors Accel Partners and Goldman Sachs plan to sell as much as $1.8 billion in shares of the top social network, becoming two of the biggest sellers in the planned initial public offering.

Goldman Sachs is selling 13.2 million shares, worth as much as $461.6 million at the high end of the range outlined Thursday by Menlo Park’s Facebook. Accel Partners, an early investor in Facebook, intends to sell as much as $1.3 billion of shares.

Facebook unveiled plans Thursday to raise as much as $11.8 billion in the largest-ever Internet IPO. Executives including Chief Executive Officer Mark Zuckerberg and backers such as Digital Sky Technologies will sell a total of 157.4 million shares for as much as $35 apiece, according to a regulatory filing. None will unload their entire holding.

On Friday, Facebook received a buy recommendation from Wedbush Securities and a target price of $44, its first rating since announcing plans to sell shares in an initial public offering.

Facebook should benefit from its large, growing user base that will help it attract more spending by advertisers and boost revenue and earnings, Michael Pachter, an analyst at Wedbush in Los Angeles, said Friday in a note to investors. Mobile advertising could play an especially important part of the growth in advertising, Pachter said.

“More users should drive more usage, which in turn should drive increased advertising revenue share,” wrote Pachter. “Facebook will capture an increasing percentage of spending on offline advertising, while growing share of online advertising as well, as usage continues to increase and advertisers become more comfortable with the cost-effectiveness of online advertising.”

Facebook would be valued at more than $90 billion, and executive and investor sales would yield $5.5 billion. Existing shareholders paid an average of $1.11 a share for Facebook, the filing shows.

Facebook is offering 180 million shares to raise funds for general corporate purposes.

While Goldman Sachs is one of the IPO underwriters, it failed to win the lead role after scuttling a private sale of Facebook’s stock to U.S. investors last year. Facebook said in January 2011 that it raised $1.5 billion from Goldman Sachs and Digital Sky Technologies, valuing the company at $50 billion. Goldman Sachs, affiliated funds and Digital Sky invested $500 million, while non-U.S. investors in a Goldman Sachs fund bought $1 billion of shares.

Michael DuVally, a spokesman for Goldman Sachs, declined to comment on the plans to sell Facebook shares. Richard Wong, a partner at Accel Partners, declined to comment.

Zuckerberg will offer 30.2 million of his 533.8 million shares in the sale, bringing him as much as $1.1 billion. The majority of his net proceeds will be used to pay taxes associated with exercising a stock option.

Accel, the biggest outside holder, invested $12.2 million in Facebook in 2005 and owns 11.3 percent of Facebook’s Class B shares. At the high end of the proposed IPO price range, Accel’s remaining stake would be valued at about $5.7 billion.

Digital Sky is selling 26.3 million shares to yield as much as $919 million.

Selling may be smart for holders with large stakes who haven’t had a chance to diversify their assets, said Erik Gordon, a professor at the Ross School of Business at the University of Michigan in Ann Arbor.

Other selling stockholders include Elevation Partners, Greylock Partners, Microsoft, Zynga CEO Mark Pincus and LinkedIn Chairman Reid Hoffman. The investors are selling only parts of their Facebook stakes.

Read more here.

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Article from SFGate.

BranchOut wants to beat LinkedIn at its own game: helping people use their social network to find a job.

Today, the company got a lot more backing to help it out. It announced a $25 million Series C round from Mayfield and other investors, bringing its total funding to $49 million in just over two years.

BranchOut isn’t setting up its own social network from scratch, but rather runs as a Facebook app. This lets Facebook’s more than 800 million users tap into their network of friends to look for job leads, recommend one another, and so on.

So far, the app has 25 million registered users.

They’re actually using it as well. Since December, monthly average usage has grown from 400,000 to more than 13 million. That’s mainly because BranchOut launched a mobile version of its app in December.

So does BranchOut REALLY think it can beat LinkedIn, which has more than 150 million registered users?

CEO Rick Marini thinks so, because Facebook’s audience of 850 million users is much larger, and includes more kinds of employees looking for more types of jobs.

“LinkedIn is a great company, and does a great job with 10% of the workforce” — executives and other high-demand professionals who make big salaries. “But the other 90% of the world is on Facebook. Those are the people we can finally give a professional profile to.”

He also thinks that the connections on Facebook are more authentic than those formed on LinkedIn. “LinkedIn is somebody I meet at a conference for 5 minutes. Facebook are my real friends and family, my support network. These are people who will go out of their way to help me get job.”

He now has a lot more money — and time — to prove his thesis.

Marini said that BranchOut will use the funds to improve its infrastructure to support its growth, as well as to focus on mobile with new native apps for iOS and other platforms. (The current mobile app is an HTML5-based Facebook app.)

“Out of our 45 employees, we have one mobile developer who does mobile. The mobile app was basically built on the weekend.”

Read more here.

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Article from Yobucko.

www.yobucko.com

 

Yo! How’s it going?  We hope 2012 is going well for you.  We just wanted to send you a quick reminder that taxes are due next Tuesday, April 17th.  If you haven’t finished them yet, don’t worry.  But you may want to do your taxes online and e-file so you can get them done quickly and get your tax refund fast.  If you are looking for the best tax software or some tax tips this weekend, check out YoBucko.

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Share the Wealth,

Eric Bell

www.yobucko.com

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