Local entrepreneurs prompt court to hit pause on Kansas ‘patent troll’ rules

A U.S. District Court of Kansas is collecting more public input on proposed legal rule changes after area entrepreneurs expressed concerns that the measures could make the area a haven for “patent trolls.”

Patent trolls are non-practicing entities that purchase broadly defined patents with the intention to sue growing companies that are developing tangentially related products. The court recently extended the commenting period for the rule changes, which detractors say help patent trolls by creating policies that offer them more time to prepare a case.

Detractors of the proposed rules contend that the policies are plaintiff-friendly, and offer suing parties an advantage over those being sued.

“Our community is at risk of becoming known as a place that crushes startups — not encourages them,” Free State Strategy founder Melissa Roberts wrote in a recent op-ed in Startland News. “Our startup community has an opportunity to step up and make a difference for growing businesses across the country, and we’ve got four days to do it.”

In addition to directly contacting the court to make comments on the changes, a few dozen people in the area have signed a petition to encourage different rules for the court. The petition aims to “encourage the court to adopt rules that create a level playing field for startups facing attack from patent trolls,” it reads.

“Patent-trolling has a devastating effect on new business starts and entrepreneurial growth,” wrote Jeff Shackelford, director of Digital Sandbox KC. “Sustainable, healthy and growing economies are dependent on a strong entrepreneurial economy.”

For those interested in voicing their thoughts on the rule change, write thoughtful emails and address them to clerk Tim O’Brien at ksd_clerks_kansascity@ksd.uscourts.gov