Legislation - Innovation Gadfly

FEATURED

Dear Congress, the PTAB Hinders Innovation and Threatens National Security

May 14, 2024

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 […]

FEATURED

U.S. Innovation was on the Table in the Senate Hearing on PERA

Paul Morinville and Dirk Tomsin /

- Legislation -

January 30, 2024

On Tuesday, January 23, 2024, the Senate Judiciary’s IP Subcommittee held a hearing on the Patent Eligibility Restoration Act (PERA). The corporate lobbyists tell us that PERA will fix patent eligibility problems plaguing U.S. innovation for biotech, diagnostic methods, and inventions implemented in software. In his opening statement, Senator Tillis said, “We’ve said many […]

FEATURED

USI’s Position on PERA: Serious Matters Require Serious Discussions.

Paul Morinville /

- Legislation -

January 10, 2024

What is the USI’s PERA Position? US Inventor (USI) disclosed its position on the Patent Eligibility Restoration Act (PERA) in September 2023. Gene Quinn, founder of IP Watchdog, took issue with USI’s position in what can only be called a hit-piece intended to shut down constructive debate. He has since refused to publish anything from […]

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 […]