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Our Unhealthy Patent System in the US

With Robert Kennedy, Jr. making the rounds in Congress for his confirmation, many institutions do not like what he has to say about the American food industry, the ag industry, the pharmaceutical industry, the fast-food industry, and more. President Trump has stated that the health of our nation is something that must be addressed, and […]

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How Prosecution Laches and the AIPA Harms Startups

For the first 200 years of its history, the U.S. patent system safeguarded startup inventions, compelling would-be infringers to acquire startups, license patents, or develop alternative designs. This robust patent protection fueled competitive markets, enabling America to lead the world through every technological revolution, from potash processing to smartphones. To avoid the risk of disruptive […]

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The Forgotten Innovator – Brian Tabox

Brian Tabox’s four-hour drive in Los Angeles traffic to meet with Dr. Howard Sartin, a psychologist best known for devising an approach for handicapping horse races, demonstrated his flexibility and commitment.  The trip was part of his efforts to help retirement investors and provided Brian with valuable insight.  Dr. Sartin told Brian that the surveys […]

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America’s Innovation Crisis: A Plan to Save Small Businesses and Inventors

The Patent System: A Shield That’s Broken When you invent something, a patent is supposed to protect your idea. It’s like a shield that lets you say, “This is mine. I created this, and no one else can take it.” But today, that shield doesn’t work for small inventors. Big companies use something called the […]

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The RESTORE Act Damages American Innovation

The Supreme Court’s 2006 decision in eBay v MercExchange (eBay) changed two centuries of historical precedent and law by severely curtailing the availability of injunctive relief in patent cases. This decision is among the top reasons why China now leads the world in 37 of 44 technologies critical to our economic and national security. Recognizing […]

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Vishal Amin and the USPTO: A Threat to American Innovation

I first met Vishal Amin in October 2013. He was Representative Lamar Smith’s senior lawyer on the House Judiciary Committee driving the Innovation Act to passage. My company had just lost its investors due to the Leahy-Smith America Invents Act’s (AIA) creation of the Patent Trial and Appeal Board (PTAB). Back then, the PTAB was […]

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The US Inventor PREVAIL Amendment Harms US Inventors

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 corporate lobby claims PREVAIL fixes the PTAB and its astronomical […]

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New Compelling Evidence of Anti-Innovation Bias

If a tree falls in the forest and no one is around to hear it, does it make a sound?  A recent study by the Sunwater Institute “Patent Quality in the United States, Findings and Suggestions for Policy Makers” should have landed with a deafening sound but has been largely ignored.  It finds that the […]

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Corporate Bills Handicap US Innovation

China can steal their way to technological parity with the U.S., but China cannot steal from the U.S. what it has not yet invented. So how did China take the global lead in 37 of 44 technologies critical to the economic and national security of the United States? The answer can only be that China […]