Bad Patents: The Political Narrative Driving PERA
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, […]
US Inventor Sues USPTO to Ensure Patents Reflect the Law
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 […]
Masimo v. Apple: 01/31 Legal Update Regarding Stay of ITC Orders
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 […]
U.S. Innovation was on the Table in the Senate Hearing on PERA
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 […]
The Frivolous Patent Litigation False Narrative
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 […]
The Death of the Canary: Part Two
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 […]
The Death of a Canary: Part One
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. […]
13 Unelected People Have Destroyed U.S. 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 […]
Balancing the Scales: The Imperative of a Strong – but Fair – Patent System for Small Businesses and Independent Inventors
In the dynamic realm of innovation, small businesses and independent inventors are often the unsung heroes, propelling progress through their ingenuity and creativity. Central to their success is a patent system that not only offers robust protection but is also characterized by fairness. A strong and fair patent protection system not only shields the inventor’s […]