New - Innovation Gadfly

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The Constitution’s Momentous Innovation Clause & the Ceding of American Economic Exceptionalism

Stan Sansone /

- New -

February 9, 2024

Case of Administrative Overreach and AIA Harming of National Prosperity and Security The U.S. Constitution grants a paramount and inalienable right in Article 1 Section 8 Clause 8, Authors and Inventors Clause (Innovation Clause). It represents the most vital and lasting contribution of our Founding Fathers to the cause of Liberty. This unique and sole […]

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Bad Patents: The Political Narrative Driving PERA

Paul Morinville /

- Corruption -

February 6, 2024

Over the last twenty years, Big Tech drove what is probably the most effective political narrative in history into the collective mind of all three branches of government. Patent trolls, they exclaimed, are destroying innovation, and only the government can save America. As a result, all three branches of government gutted the patent system. Lawmakers, […]

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US Inventor Sues USPTO to Ensure Patents Reflect the Law

Molly Metz /

- New -

February 4, 2024

As an inventor I can’t tell you how many times I have been told by lawyers that “inventors just don’t understand patent law”. That we should not get involved. Gosh, isn’t it strange that millions of patents have been granted in the US? That is, millions of inventors just “don’t get it” and should stick […]

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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 […]

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

Paul Morinville /

- 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 […]

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The Frivolous Patent Litigation False Narrative

Randy Landreneau /

- New -

January 29, 2024

What is frivolous litigation? According to Cornell Law School, a frivolous lawsuit is one that lacks any arguable basis either in law or in fact and may be intended to harass, delay, or embarrass the opposition. This definition seems pretty black and white, but attorneys often disagree on what is an arguable basis in law […]

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The Death of the Canary: Part Two

Raymond Van Dyke /

- New -

January 26, 2024

The main controversies in patents concern money and control, which just about mirrors “real” life. Since the vast majority (over 90 percent) of most corporate valuation is in intellectual property, this is why corporations are fighting over this turf. To some, it is all or nothing. Individual creators owning patents are a threat and a […]

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The Death of a Canary: Part One

Raymond Van Dyke /

- New -

January 25, 2024

Due to inadequacies in detecting noxious gases, miners learned to bring small birds into the mines, where the death of a canary was a warning that something was wrong. The American Republic’s capitalist economy operates with many moving parts, involving banks, capital, liquidity, and a host of integrated institutions, all working efficiently and sometimes ruthlessly. […]

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13 Unelected People Have Destroyed U.S. Innovation

Paul Morinville /

- Corruption -

January 24, 2024

court of appeals CAFC destroy innovation

Thousands of years of human history have taught us that a just political system is not possible without separating power. No one should ever have total power over any one thing. When power is concentrated in the hands of too few people, those in power invariably become corrupt. Often corruption is born in bias created […]