Legislation - 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

Rep. Darrell Issa Proposes Legislation Harmful to Startups and Inventors

Paul Morinville /

- Legislation -

July 31, 2024

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 […]

FEATURED

Why Third-Party Litigation Funding Is A Misguided Focus

Paul Morinville /

- Legislation -

June 18, 2024

third party litigation funding tplf misguided

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 […]

FEATURED

Corporate Lobbyists Pushing Harmful Laws on Genuine Inventors

Paul Morinville /

- Corruption -

May 31, 2024

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 […]

FEATURED

Dear Congress, the PTAB Hinders Innovation and Threatens National Security

Paul Morinville /

- Corruption -

May 14, 2024

PTAB hinders innovation threats national security

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 […]

FEATURED

New Legislation that Restores America’s Leadership in Innovation

Paul Morinville /

- Legislation -

May 2, 2024

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 […]

FEATURED

A Wall Street Redux And The Patent Eligibility Restoration Act

Publius /

- Legislation -

April 24, 2024

Background/History Financial services firms (Wall Street) have long argued that they should be exempt from the rules applicable to others. They have showered their champions in Congress with large campaign contributions in return for special exemptions. The role of Senator Schumer in this connection is discussed in the New York Times in an article titled […]

FEATURED

The Electronic Frontier Foundation: the Lobbyists Destroying US Innovation

Paul Morinville /

- Corruption -

March 20, 2024

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 […]

FEATURED

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 […]