Courts - Innovation Gadfly

FEATURED

Got Knockoffs? Hit ‘Em with a 337 Complaint

Jayme Smaldone /

- Business -

July 11, 2024

We had a problem. Our patented Smartgrip, which allows any item to grip when knocked but lifts naturally, was gaining steam. Mighty Mug, our first item with Smartgrip, was so innovative that it attracted many imitators, which became a problem we were set on solving. Imitation is a form of flattery and a sign that […]

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Masimo v. Apple: 01/31 Legal Update Regarding Stay of ITC Orders

Paul Bartkowski /

- Courts -

January 31, 2024

This post follows up on a prior post regarding the United States International Trade Commission’s (ITC) remedial orders granted in an Investigation brought by Masimo regarding alleged infringement of Masimo’s patents by Apple’s Apple Watch products, styled Certain Light-Based Physiological Measurement Devices and Components Thereof, Inv. No. 337-TA-1276. Apple filed for a stay of the […]

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13 Unelected People Have Destroyed U.S. Innovation

Paul Morinville /

- Corruption -

January 24, 2024

court of appeals CAFC destroy innovation

Thousands of years of human history have taught us that a just political system is not possible without separating power. No one should ever have total power over any one thing. When power is concentrated in the hands of too few people, those in power invariably become corrupt. Often corruption is born in bias created […]

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PERA is Dangerous to U.S. Innovation.

Paul Morinville /

- Corruption -

January 9, 2024

What is the public policy justification to restrict US innovation in ways that no other country does? No legislation should be introduced without a fully debated and clearly articulated public policy justification. To do so is bad lawmaking that brings dangerous consequences. A prime example of bad lawmaking is the America Invents Act of 2011 […]

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The value of adding new dependent claims during patent prosecution.

Clint Mehall /

- Courts -

January 9, 2024

I frequently like to hedge my bets while prosecuting patent applications before the USPTO. If an examiner is arguably wrong in rejecting claims based on the prior art, I will often suggest to my clients to argue the rejection without amending the claims, but also to add new dependent claims that distinguish over the cited […]

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Masimo v. Apple: Legal Update Regarding Stay of ITC Orders.

Paul Bartkowski /

- Corruption -

January 8, 2024

The United States International Trade Commission (ITC) recently granted remedial orders in the hotly contested, and widely followed, Section 337 investigation involving Masimo Corp. and Apple. Certain Light-Based Physiological Measurement Devices and Components Thereof, Inv. No. 337-TA-1276. In that investigation, Masimo sought to exclude Apple’s Apple Watch from importation to the U.S. on the basis […]

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PREVAIL’s Standing Language is Not a Standing Requirement.

Paul Morinville /

- Corruption -

January 7, 2024

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 PTAB, created by the America Invents Act of 2011 (AIA), […]

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Clear and Convincing: Will changing the standard save America’s greatest patents?

Molly Metz /

- Courts -

January 7, 2024

I experienced the devastating loss of my only two patents in a lengthy and costly inter partes review (IPR) in 2018. The process, spanning four difficult years, left me $300K in legal debt and with two canceled patents. Since October 2021, I’ve actively immersed myself in the intricate world of patent law, seeking guidance from lawyers, […]