PERA is Dangerous to U.S. Innovation.
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 […]
Situational Morality And Pulse Oximetry: Apple Watch Infringement And Human Nature.
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 […]
The value of adding new dependent claims during patent prosecution.
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 […]
Bite The Beast Until It Moves.
The Power within Our History Throughout American history, there has been a perpetual struggle between the small guys and the big guys. These stories have shaped our nation’s narrative, creating David v. Goliath stories, shedding light on corruption that exists within governments, monopolies, and foreign entities, and driving protests to enact change. From the early […]
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 […]
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), […]
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, […]