Turn --- risk of NPEs and Lawsuits undermine venture capital in start-ups --- the CP solves by providing immunity from patent lawsuits

(Amy, Professor of Law, Drexel University Thomas R. Kline School of Law, “The Antipatent: A Proposal for Startup Immunity,” pg online @ https://digitalcommons.unl.edu/cgi/viewcontent.cgi?article=2808&context=nlr //pa-ef)

Immunity from patent lawsuits eliminates the cost, risk, and uncertainty of patent assertion. One venture capitalist points out that permissionless innovation within the software industry “led to the explosion of independently created services on the internet,” and that currently “it [is] becoming impossible to invent new services on the web without the permission of a patent holder who claims to own the intellectual property embodied in your invention.”380 Another concluded that nonpracticing entities are creating difficulties for the acquisition of startups, because buyers “are worried about buying a company and getting sued.”381 Thus, it is not entirely clear that the venture-capitalist community prefers the current system, compared to one that allows a startup to focus on invention and innovation for their first two decades.