Ask HN: Startup built on idea-kernel developed at former employer

[cuca_de_chumbo]

I worked starting 2000 January at a startup in the San Jose area and stayed with the company for 1.5 years approx (i.e., through the dot-com bust/mini-recovery/bust). While I was there we came up with some interesting ideas (I came up with and refined a large portion of these ideas) and filed for 10 patents in 2001. I did a large portion of the patent disclosure work.

Long-story short (I will post further about the situation in further comment below) ...

    * patents filed were never fully pursued by acquiring
      company, and all lapsed in 2007 or before
    * patent appications have huge value and adequately
      describe a beautiful monetizable system -- and due
      to lapsed patents, while one could not prevent others
      from implementing the same, others cannot successfully
      sue a new startup for developing these ideas since
      there is fully documented prior art

More details in a further comment ...

[cuca_de_chumbo]

So, to describe situation further ...

The dot-com bust and post-9/11 biz environment were not friendly to most startups and not friendly to big hard-to-implement ideas, and the startup company was rescued in 2002 or 2003 by a sideline project (largely not using the IP in the patents) in which a large I.T./storage company saw value. The large company acquired the startup.

The 10 patent applications, in the mean time, were not maintained or perhaps not novel enough to all merit patents -- though I doubt the "not novel enough" part -- I've seen stupid patents awarded for much less innovation, and I haven't yet seen the system the patents deal with implemented or sold. So ... I think there's huge value in the ideas behind the patent applications. The patent applications all lapsed around 2007 or before, I believe because they were peripheral to large company's business and nobody realized what they had in hand.

The ideas and system behind the patents only grow more relevant each passing year.

So what I see right now:

    * an idea-kernel that would be the excellent
      basis for a new startup
    * good documented prior-art (in the form of the
      lapsed patent applications) that probably are
      decent enough to defend against patent trolls
    * I'm at the point in my professional career
      where I want to pursue these ideas
    * >>> the fact that if I were any other person,
      with no prior association with the former
      startup or acquiring large company, coming
      across these lapsed patents, I could implement
      them unencumbered and have good protection
      (though I could not prevent others from
      implementing the same)
    * >>> since I worked on the original IP ...
      I might have some obligation to the "acquiring
      large company", though they likely would care
      only if I were to (a) be extremely successful;
      or (b) use the lapsed patent applications as
      defense in a patent lawsuit

I should probably discuss with an I.P. lawyer ...

... but my inclination is to:

    * build a prototype
    * talk to potential investors and potential customers
    * engage a patent lawyer to discuss possible
      licensing arrangements (or outright permission)
      to work on the I.P. with "large acquiring co"
    * hope for the best

Any suggestions?

[anilgulecha]

I think for any IP issues, the standard answer is to consult a qualified lawyer.