Comments on: Bilski Redux and Why You Shouldn’t Believe Everything You Read

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By: A Balanced Summary of the Berkeley Patent Project | Mendelson's Musings

A Balanced Summary of the Berkeley Patent Project | Mendelson's Musings — Sat, 31 Jul 2010 18:23:11 +0000

[...] I wrote a strong rebuke of one author’s interpretation of the recently released High Technology Entrepreneurs and the [...]

By: Lucas

Lucas — Fri, 02 Jul 2010 02:16:45 +0000

Ted and Jason,
Your claims are not mutually exclusive. It is possible that
a) given the state of current law patents are relevant to many VC investment decisions, and
b) many VC's would prefer that the law is fixed in a way that invalidates certain categories of patents and makes the value of a given patent pool more clear in an investment decision.

By: Jason Mendelson

Jason Mendelson — Wed, 30 Jun 2010 12:13:17 +0000

Ted,

You are missing the point. Any person who thinks that a social science study “speaks for itself” is not schooled properly in scientific method. This isn’t chemistry and even that is hard to decipher sometimes.

We can go back and forth and I think my points that I made previously still stand despite your attempts otherwise.

1.Your authors aren’t standing behind you.
2.One of your authors was the genesis of my posts. The data was hers and she agreed.
3.For you to assume that this is just my opinion also means you’ve done NO study of what VCs really think. There are many of them who feel the way I do and I would be willing to bet you anything that a majority of early-stage VCs agree with me. I’m the one in the ecosystem, on the NVCA board and on portfolio company boards. To think that I form these opinions in a vacuum is really short sighted of you.
4.As for preconceptions, I agree. I have them. My biases, as a lawyer have been for strong patents. I’ve done a complete 180 degree turn after being in the real world and seeing how these things really work.
5.And as for anecdotal assertions, I’m sorry but your tired story of “this one time, at a startup” is the whole basis of your argument. We may both be guilty of the same thing, but I have a lot more stories than you.

Like I’ve told you, I think that good minds can have different opinions, that’s fine. We don’t agree on patents. That’s fine. What I am really disappointed with is you attempting to make the “findings” of your study much more black and white than the grey matter it really is. It’s very, very clear to anyone who has done real statistical research (as I did in undergrad) that there are holes in it. I’m not say throw it out. On the contrary, I’m saying be more objective and open to the possibilities that there aren’t “patently obvious” (pun intended) conclusions from it. I’m sure you’ll agree if and when we hear conclusions from your colleagues.