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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 […]

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 […]

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), […]