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Masimo v. Apple: Legal Update Regarding Stay of ITC Orders.

The United States International Trade Commission (ITC) recently granted remedial orders in the hotly contested, and widely followed, Section 337 investigation involving Masimo Corp. and Apple. Certain Light-Based Physiological Measurement Devices and Components Thereof, Inv. No. 337-TA-1276. In that investigation, Masimo sought to exclude Apple’s Apple Watch from importation to the U.S. on the basis […]

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PREVAIL’s Standing Language is Not a Standing Requirement.

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 PTAB, created by the America Invents Act of 2011 (AIA), […]

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Clear and Convincing: Will changing the standard save America’s greatest patents?

I experienced the devastating loss of my only two patents in a lengthy and costly inter partes review (IPR) in 2018. The process, spanning four difficult years, left me $300K in legal debt and with two canceled patents. Since October 2021, I’ve actively immersed myself in the intricate world of patent law, seeking guidance from lawyers, […]