Property Rights - Innovation Gadfly

FEATURED

China, the Once Great Silicon Valley, and the Petri Dish Effect

Paul Morinville /

January 16, 2024

My dad worked at Fairchild from the late 1950’s through the 1960’s. His second level boss was Robert Noyce, the inventor of planar technology, which placed my dad on the team that put the first integrated circuit into mass production. Noyce left Fairchild to start up Intel in 1968. Shortly afterwards, Noyce offered my dad […]

FEATURED

A Rogue Farm Trade Group Threatens to Destroy Farm Property.

Paul Morinville /

- New -

January 12, 2024

We are at a pivotal moment. China now leads the United States in 37 of 44 technologies critical to our national security and economic growth. These technologies range from artificial intelligence to crop seeds, and everything in between, including technologies key to the Broadband Equity and Access Deployment (BEAD) program. Ironically, Burton Eller, Legislative Director […]

FEATURED

Sounding the Alarm at the MIT Technology Licensing Office.

Joel Rothman /

- Corruption -

January 10, 2024

MIT Media Lab Innovator Gauri Nanda—Inventor of Clocky®—Needs TLO Support. Technology transfer plays a critical role in technological progress and innovation. Universities and university-based researchers are responsible for creating some of this country’s most important technological innovations. The internet browser (Netscape), the internet search engine (Google), and numerous biotechnologies all were developed at U.S. universities. […]

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 […]

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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

Situational Morality And Pulse Oximetry: Apple Watch Infringement And Human Nature.

Robert Greenspoon /

- New -

January 9, 2024

As a nerdy kid, I used to read popular science magazines in the checkout line, waiting for my mom to finish buying groceries. It was the early 1980’s. I remember picking up the latest Psychology Today issue and flipping through it. I read a short blurb about a “morality” experiment. The details are fuzzy. But […]

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 […]

FEATURED

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

Paul Bartkowski /

- Corruption -

January 8, 2024

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 […]

FEATURED

PREVAIL’s Standing Language is Not a Standing Requirement.

Paul Morinville /

- Corruption -

January 7, 2024

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), […]