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Intellectual Property 
Protection for Products 
(MOSTLY) SEED STAGE STARTUPS 
CALVIN CHU 
COO 
RED BALLOON SECURITY 
COFOUNDER 
ELEMENTAL PATH
Calvin Chu 
Chief Operating Officer 
Red Balloon Security 
Serial Entrepreneur 
Founder R/GA Accelerator 
Founder Mobile Crossing 
Founder Elemental Path 
COO Red Balloon 
Previously 
Columbia Technology 
Ventures 
Techstars
Big Divide 
MEDICAL VERSUS INFORMATION TECH 
SINGLE PATENT VS VARIED APPROACH 
IOT STARTUPS ARE LAYER STACKED 
IOT IS PRETTY HOT RIGHT NOW 
DEMANDS A MULTI LAYERED IP APPROACH
Court Guidance 
RE: BILSKI 
ALICE V CLS 
“LET’S BE CLEAR IF ALL OF THESE CLAIMS ARE 
NOT PATENT ELIGIBLE THIS CASE IS THE DEATH 
OF HUNDREDS OF THOUSANDS OF PATENTS 
INCLUDING ALL BUSINESS METHOD, FINANCIAL 
SYSTEM AND SOFTWARE PATENTS…THERE HAS 
NEVER BEEN A CASE WHICH COULD DO MORE 
DAMAGE TO THE PATENT SYSTEM THAN THIS ONE”
IP Strategy 
TRADE SECRET 
TRADEMARKS 
DESIGN PATENTS 
COPYRIGHTS 
UTILITY PATENTS 
OPEN SOURCE
Detectability 
Interface / Application Only some of this stack is 
Data Analytics 
Cloud 
Sensor Sensor 
Control 
Sensor 
visible to the public. 
Triage what you think is 
possible to detect.
Trademarks 
WORD MARKS 
PHYSICAL SHAPES 
DIGITAL IMAGES FORMED BY SOFTWARE
Design Patents 
ORNAMENTAL APPEARANCE ONLY 
PROTECTS: 
1) SHAPE OR CONFIGURATION OF ARTICLE 
2) PORTION OF THE ARTICLE 
3) ORNAMENTATION, IMPRESSION, PRINT OR 
PICTURE APPLIED TO ARTICLE 
4) (COMBINATION OF ( 1 , 2) OR ( 3 )
Trademark/Design Patent 
DUAL COMBINATION IS EFFECTIVE 
DESIGN PATENTS 
PREVENTS MAKING, SELLING OR USING 
TRADEMARKS 
CAUSES CONFUSION AS TO THE BRAND/SOURCE
One very good combo 
Copyright Design Patents Trademark Design 
Protection begins: Immediately when 
expressing design in 
tangible form 
When issued Upon use in 
commerce 
Advantage Immediate Protection Prohibits others use 
of design regardless of 
how they arrived at it 
Immediate Protection 
Comparison Doesn’t protect 
against independent 
reverse engineering 
Protects against 
independent reverse 
engineering 
Protects against use of 
design as a trademark 
Infringement Prove offender had 
access + substantial 
similarity 
If the design of the 
article is similar, 
that’s all that’s needed 
If likely to cause 
confusion
Mobile Crossing WPX 
Mobile Crossing 
Founded 2004 
Serviced the consumer 
electronics and multiple 
vertical markets.
Sample drawing from Design Patent 
Design Patent
Apple v Samsung
D618677 and D618678
Another peek.
Doppelganger Effect 
ringblingz Ringly 
— Jewelry blinks and 
vibrates based on social 
media content 
— Jewelry blinks and 
vibrates based on social 
media content
Doppelganger Effect 
Owlet Care Sproutling
Doppelganger Effect 
Calvin Chu Calvin Chu
Calvin Chu 
Chief Operating Officer 
Red Balloon Security 
Thank you.

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Intellectual Property Protection for Products

  • 1. Intellectual Property Protection for Products (MOSTLY) SEED STAGE STARTUPS CALVIN CHU COO RED BALLOON SECURITY COFOUNDER ELEMENTAL PATH
  • 2. Calvin Chu Chief Operating Officer Red Balloon Security Serial Entrepreneur Founder R/GA Accelerator Founder Mobile Crossing Founder Elemental Path COO Red Balloon Previously Columbia Technology Ventures Techstars
  • 3. Big Divide MEDICAL VERSUS INFORMATION TECH SINGLE PATENT VS VARIED APPROACH IOT STARTUPS ARE LAYER STACKED IOT IS PRETTY HOT RIGHT NOW DEMANDS A MULTI LAYERED IP APPROACH
  • 4. Court Guidance RE: BILSKI ALICE V CLS “LET’S BE CLEAR IF ALL OF THESE CLAIMS ARE NOT PATENT ELIGIBLE THIS CASE IS THE DEATH OF HUNDREDS OF THOUSANDS OF PATENTS INCLUDING ALL BUSINESS METHOD, FINANCIAL SYSTEM AND SOFTWARE PATENTS…THERE HAS NEVER BEEN A CASE WHICH COULD DO MORE DAMAGE TO THE PATENT SYSTEM THAN THIS ONE”
  • 5. IP Strategy TRADE SECRET TRADEMARKS DESIGN PATENTS COPYRIGHTS UTILITY PATENTS OPEN SOURCE
  • 6. Detectability Interface / Application Only some of this stack is Data Analytics Cloud Sensor Sensor Control Sensor visible to the public. Triage what you think is possible to detect.
  • 7. Trademarks WORD MARKS PHYSICAL SHAPES DIGITAL IMAGES FORMED BY SOFTWARE
  • 8. Design Patents ORNAMENTAL APPEARANCE ONLY PROTECTS: 1) SHAPE OR CONFIGURATION OF ARTICLE 2) PORTION OF THE ARTICLE 3) ORNAMENTATION, IMPRESSION, PRINT OR PICTURE APPLIED TO ARTICLE 4) (COMBINATION OF ( 1 , 2) OR ( 3 )
  • 9. Trademark/Design Patent DUAL COMBINATION IS EFFECTIVE DESIGN PATENTS PREVENTS MAKING, SELLING OR USING TRADEMARKS CAUSES CONFUSION AS TO THE BRAND/SOURCE
  • 10. One very good combo Copyright Design Patents Trademark Design Protection begins: Immediately when expressing design in tangible form When issued Upon use in commerce Advantage Immediate Protection Prohibits others use of design regardless of how they arrived at it Immediate Protection Comparison Doesn’t protect against independent reverse engineering Protects against independent reverse engineering Protects against use of design as a trademark Infringement Prove offender had access + substantial similarity If the design of the article is similar, that’s all that’s needed If likely to cause confusion
  • 11. Mobile Crossing WPX Mobile Crossing Founded 2004 Serviced the consumer electronics and multiple vertical markets.
  • 12. Sample drawing from Design Patent Design Patent
  • 13.
  • 14.
  • 15.
  • 19. Doppelganger Effect ringblingz Ringly — Jewelry blinks and vibrates based on social media content — Jewelry blinks and vibrates based on social media content
  • 20. Doppelganger Effect Owlet Care Sproutling
  • 21. Doppelganger Effect Calvin Chu Calvin Chu
  • 22. Calvin Chu Chief Operating Officer Red Balloon Security Thank you.