Featured - Innovation Gadfly

FEATURED

The RESTORE Act Fails; Codifies the Effects of eBay

Paul Morinville /

- Featured -

September 10, 2024

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 […]

FEATURED

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 […]

FEATURED

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 […]

FEATURED

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 […]

FEATURED

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), […]

FEATURED

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, […]