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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 […]

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 […]

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 […]

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 […]

An article published in Innovation Gadfly on September 10, 2024, entitled “The RESTORE Act Fails; Codifies the Effects of eBay,” explained how the RESTORE Act only shifts the burden of who has to prove that an injunction is warranted. Since RESTORE does not abrogate the eBay Factors, the eBay Factors will continue to determine the […]