On March 21, 2025, the U.S. Supreme Court gathered for one of its Conference meetings, where the Justices quietly decide which cases to hear and which to dismiss. Their decisions rest largely on memos from clerks—young attorneys who wield enormous influence over which issues make it to the highest court in the land. One such […]
The American judiciary is supposed to be the last refuge for those seeking justice, a place where the rule of law reigns supreme, immune from political games and corporate influence. But in reality, it’s a rigged system, tilted in favor of powerful multinational corporations and indifferent to the struggles of startups, inventors, and everyday Americans. […]
In 2007 the United States led the world in 60 out of 64 technologies critical to our economic and national security. However, warning signs emerged when it was reported that China accounted for 48% of global Artificial Intelligence (AI) startup funding in 2017, surpassing the U.S., which held 38%. By March 2023, China had taken […]
For the first 200 years of its history, the U.S. patent system safeguarded startup inventions, compelling would-be infringers to acquire startups, license patents, or develop alternative designs. This robust patent protection fueled competitive markets, enabling America to lead the world through every technological revolution, from potash processing to smartphones. To avoid the risk of disruptive […]
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 […]
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 […]
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 […]
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 […]
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 […]
