Legislation - Innovation Gadfly

FEATURED

Weaponized Fairness: Big Tech’s Dirty Secret in the U.S. Patent System

Paul Morinville /

April 9, 2025

There’s a nasty little game going on in the U.S. patent system—one that no one in Washington seems willing to talk about. Big Tech corporations, the same ones screaming the loudest about imaginary “patent trolls” and “bad patents”, are quietly withholding prior art from the USPTO. Then, when those patents get issued, they turn around […]

FEATURED

How Big Tech Used the Supreme Court to Kill Competition

Paul Morinville /

- Courts -

April 8, 2025

In 2014, the U.S. Supreme Court handed Big Tech a loaded weapon. They called it Alice v. CLS Bank (Alice). Framed as a fix for so-called “bad patents,” the decision was pitched as a way to stop vague, overly broad ideas from getting patent protection. What it actually did was gut the patent system for […]

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The Irony of Justice Roberts and the Reality of Rule 36 Affirmances

Paul Morinville /

- Legislation -

March 30, 2025

The American judiciary is supposed to be the last refuge for those seeking justice, a place where the rule of law reigns supreme, immune from political games and corporate influence. But in reality, it’s a rigged system, tilted in favor of powerful multinational corporations and indifferent to the struggles of startups, inventors, and everyday Americans. […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]