Kickstarter Wins it’s First Patent Case
Judge Katherine Failla of the Southern District of New York ruled in favor of Kickstarter that the US patent “Methods and Apparatuses for Financing and Marketing a Creative Work” granted to ArtistShare should be invalidated.
The dispute between the 2 parties started over 4 years ago, and although ArtistShare tried to convince the judge that they were not trying to own crowd-funding, the judge ruled that the patent was overly general. She said that, the “defendants’ repetition of words like ‘particular’ and ‘specific’ in bold italics when referring to the claims in the ‘887 Patent does not make them so.”
The full opinion can be found here .
About the Author Babak Akhlaghi is a registered patent attorney and the Managing Director of NovoTech Patent Firm, where he helps technology companies build investor‑grade patent portfolios that support fundraising, defensibility, and long‑term competitive advantage. His practice centers on patent strategy, portfolio architecture, and high‑leverage drafting for companies developing AI, machine learning, quantum computing, advanced software‑driven systems, robotics, and other emerging technologies.
Babak is also a permanent Adjunct Professor at the University of Maryland, where he teaches Legal Aspects of Entrepreneurship, bringing real‑world IP strategy experience directly into the academic environment.
He is a co‑author of the Patent Applications Handbook, published annually by West Publications (Clark Boardman Division) since 1992, and widely used by practitioners as a technical and procedural reference.