The RESTORE Act Damages American Innovation
The Supreme Court’s 2006 decision in eBay v MercExchange (eBay) changed two centuries of historical precedent and law by severely curtailing the availability of injunctive relief in patent cases. This decision is among the top reasons why China now leads the world in 37 of 44 technologies critical to our economic and national security. Recognizing […]
Vishal Amin and the USPTO: A Threat to American Innovation
I first met Vishal Amin in October 2013. He was Representative Lamar Smith’s senior lawyer on the House Judiciary Committee driving the Innovation Act to passage. My company had just lost its investors due to the Leahy-Smith America Invents Act’s (AIA) creation of the Patent Trial and Appeal Board (PTAB). Back then, the PTAB was […]
The Math of Innovation: Striving for Fairness in a Challenging Unbalanced Patent System
Innovation often resembles solving a complex equation: you combine hard work, knowledge, and a positive attitude, hoping these elements yield success. But what happens when the system reduces the sum of your efforts, leaving you struggling just to stay in the equation? This is my story—a journey of accomplishment, hardship, resilience, and ultimately, destruction. More […]
The US Inventor PREVAIL Amendment Harms US Inventors
In June 2023, the Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act was introduced in the Senate and the House (S.2220 and H.R.4370) to address the extraordinary cost and absurdly high patent invalidation rate of the Patent Trial and Appeal Board (PTAB). The corporate lobby claims PREVAIL fixes the PTAB and its astronomical […]
New Compelling Evidence of Anti-Innovation Bias
If a tree falls in the forest and no one is around to hear it, does it make a sound? A recent study by the Sunwater Institute “Patent Quality in the United States, Findings and Suggestions for Policy Makers” should have landed with a deafening sound but has been largely ignored. It finds that the […]
Corporate Bills Handicap US Innovation
China can steal their way to technological parity with the U.S., but China cannot steal from the U.S. what it has not yet invented. So how did China take the global lead in 37 of 44 technologies critical to the economic and national security of the United States? The answer can only be that China […]
Mossoff Shows the RESTORE Act Codifies eBay Factors
An article published in Innovation Gadfly on September 10, 2024, entitled “The RESTORE Act Fails; Codifies the Effects of eBay,” explained how the RESTORE Act only shifts the burden of who has to prove that an injunction is warranted. Since RESTORE does not abrogate the eBay Factors, the eBay Factors will continue to determine the […]
The RESTORE Act Fails; Codifies the Effects of eBay
The U.S. Constitution constructs a patent as nothing but an “exclusive Right,” the very essence of a private property right. As such, for two centuries preceding 2006, over 90% of patent owners who won patent infringement cases were awarded injunctive relief. Infringers knew ahead of time that the courts would stop their infringement, which could […]
Rep. Darrell Issa Proposes Legislation Harmful to Startups and Inventors
Rep. Darrell Issa, the Chairman of the House Judiciary Committee’s IP Subcommittee, recently introduced draft legislation titled the Litigation Transparency Act of 2024 (LTA). Issa knows this legislation is bad for inventors and startups because it was explained clearly to him in a hearing in his IP Subcommittee. You can read more about this hearing […]