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, 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 […]
On June 12, 2024, the House IP Subcommittee held a hearing called The U.S. Intellectual Property System and the Impact of Litigation Financed by Third-Party Investors and Foreign Entities. The hearing was about third-party litigation funding (TPLF) related to patent litigation and the perceived national security risks of hidden hostile foreign funders. Some of the […]
Fake Inventors Pushing Bad Law for Real Inventors After eleven years walking the halls of Congress, I’ve learned a few things. The most important is that more than half the members of Congress are good people who look out for their constituents. They value feedback and try to improve the lives of the people they […]
The Patent Trial and Appeal Board (PTAB) effectively invalidates 84% of the patents it fully adjudicates. That fact comes directly from the U.S. Patent and Trademark Office’s (USPTO) PTAB Trial Statistics FY23 End of Year Outcome. This astronomical PTAB invalidation rate has effectively shut down investment in early-stage startups, particularly in vital sectors that require […]
On April 26, 2024, Representatives Thomas Massie and Marcy Kaptur introduced the Restoring America’s Leadership in Innovation Act (RALIA) in the House Judiciary IP Subcommittee. RALIA is one of those rare bills that actually does what its title says it does. RALIA restores America’s leadership in innovation, which is very much in the interest of […]
In the U.S. Senate, there is a push to markup the Patent Eligibility Restoration Act (PERA) and the Promoting and Respecting Economically Vital American Innovation Leadership Act (PREVAIL). Both are patent-related legislation introduced in the Senate, and PREVAIL has been introduced in the House. The recent lobbying blitz by those on all sides of the […]
The Electronic Frontier Foundation (EFF) is a 501(c)(3) nonprofit corporation. 501(c)(3)s are largely prohibited from lobbying for candidates or legislation, even though a small portion of a 501(c)(3)’s resources can be used to lobby for legislation. The EFF lobbies a lot on many issues. Among those issues, for many years, the EFF has lobbied heavily […]
In December 2023, the Senate IP Subcommittee held a hearing on the Promoting and Respecting Economically Vital American Innovation Leadership Act, S.2220 (PREVAIL), which affects the Patent Trial and Appeal Board (PTAB). The PTAB is an appalling failure, invalidating 84% of the patents it fully adjudicates, thereby unleashing massive predatory infringement of small entity patents […]
