Hopelessly Inexperienced PTAB Judges are Destroying U.S. Innovation
In December 2023, the Senate IP Subcommittee held a hearing on the Promoting and Respecting Economically Vital American Innovation Leadership Act, S.2220 (PREVAIL), which affects the Patent Trial and Appeal Board (PTAB). The PTAB is an appalling failure, invalidating 84% of the patents it fully adjudicates, thereby unleashing massive predatory infringement of small entity patents […]
China Uses the USPTO to Take a Critical Minerals Market
The Chinese Communist Party (CCP) has perfected the art of stealing U.S. technologies and taking control of entire markets. Their methods range from the well-known, like forced technology transfers or outright stealing technology, to more subtle methods like enlisting the U.S. government to destroy U.S. company patents, clearing the way for the CCP to dominate […]
Royale Enamel Petitions The Director To Stop Fraud And Injustice In The Trademark System
When an administrative body like the Patent Trial and Appeal Board (PTAB) or the Trademark Trial and Appeal Board (TTAB) issues an unjust and unfair decision that robs the owner of intellectual property (IP) of a valuable property right there is little recourse. In certain circumstances, the IP owner can appeal by filing a case […]
The Constitution’s Momentous Innovation Clause & the Ceding of American Economic Exceptionalism
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 […]
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 […]