Jason Schultz

Two law professors’ plan to downsize patent litigation

Jennifer Urban and Jason Schultz cited in Bloomberg BNA, May 8, 2015

“We want them to put their money where their mouth is,” said Schultz, in an interview. To do this, he and Urban have proposed the Defensive Patent License:  It creates a legal framework for a network of companies that want to share their patents, and have agreed not to initiate patent lawsuits.

In hot pursuit of numbers to ward off crime

Jason Schultz quoted in The New York Times, June 19, 2013

“It comes with inherent biases and prejudices that can be worse than the help it offers,” said Jason M. Schultz…. “It kind of reinforces its own data by redirecting resources to those areas.”

Whose MP3s are they, anyway?

Jason Schultz interviewed by National Public Radio, Morning Edition, April 11, 2013

Jason Schultz, a law professor … said that the ruling may kill off the used-book and record stores of the digital age. “There is a lot of value both economic and social that we get from having secondary markets,” he told me.

Is it legal to sell your old MP3s?

Jason Schultz quoted in National Public Radio, Planet Money blog, March 20, 2013

The ruling means “you can’t have the ghost of copyright following the object around and policing it,” said Jason Schultz, a law professor at UC Berkeley who filed an amicus brief on behalf of the student. When I talked to him yesterday, he told me the case has important implications for interpreting “first sale” doctrine in the digital world.

Proponents of cellphone unlocking ask the White House for help

Jason Schultz quoted in Los Angeles Times, February 18, 2013

At issue is the Librarian of Congress’ decision last October to end an exemption in federal copyright law for cellphone unlocking…. Ironically, the original unlocking exemption drew a lawsuit from TracFone, a company that makes cellphone software, said Jason Schultz, a copyright law expert at UC Berkeley. But after the Justice Department weighed in, arguing that there was no legal basis for the lawsuit, TracFone withdrew its complaint.

The patent, used as a sword

Jason Schultz quoted in The New York Times, October 7, 2012

Law school faculty at the University of California, Berkeley, have proposed a “Defensive Patent License” in which companies would contribute patents to a common pool that shielded participants from litigious aggressors. Companies would be allowed to participate as long as they did not become first-strike plaintiffs. The benefit is that “you don’t have to worry about your patent being weaponized” and used to attack competitors, said Jason M. Schultz, an assistant professor who helped design the license.

The patent, used as a sword

Jason Schultz quoted in The New York Times, October 7, 2012

Law school faculty at the University of California, Berkeley, have proposed a “Defensive Patent License” in which companies would contribute patents to a common pool that shielded participants from litigious aggressors. Companies would be allowed to participate as long as they did not become first-strike plaintiffs. The benefit is that “you don’t have to worry about your patent being weaponized” and used to attack competitors, said Jason M. Schultz, an assistant professor who helped design the license.

NY Times leads group defense in mobile patent suit

Jason Schultz quoted in USA Today (Associated Press) August 28, 2012

As for so-called patent trolls, “you really have to wonder what contribution they are making to our economy or our society, or if it’s just a drain,” said Jason Schultz…. And Berkeley’s Schultz says it should be easier for defendants to force the patent office to re-examine its past decisions on issuing patents, and easier for patents to be struck down in court.
This story also appeared in numerous national outlets.

“Defensive Patent License” created to protect innovators from trolls

Jason Schultz and Jennifer Urban quoted in Ars Technica, June 12, 2012

“The idea is this:  If you want to be part of this network of defensive patent people, you are committing that all of your patents, every single thing you’ve done, will be available royalty-free to anyone who wants to take a license, if they commit to only practice defensive patent licensing,” Schultz said today in Boston at the Usenix conference on cyberlaw issues.

Urban notes in her blog post that both Twitter’s pledge and the DPL are “a private response to a broken patent system,” but “unless and until Congress or the courts can improve things, such private solutions may be our best options to stem the rising tide of patent attacks.”
This story appeared in a number of sources including The Verge, BGR, Techdirt, Intellectual Asset Management magazine, and InfoWorld.