Innovation & IP Strategy

One Way to Make America Great Again? Protect Patented Innovation!

I have a hard time listening to Washington politicians these days. All I hear is obfuscation and finger-pointing. Nothing seems to get done. And while the finger-pointing seems worse than ever, the inability to get anything done is par for the course.

If neither Congress nor the President can provide results, how can we get this country back on track? read more


Evolutionary Intelligence Requests Amicus Support on Petition for Rehearing

Please consider the below amicus request for support overturning an important section 101 decision at the Federal Circuit and thereby providing consistent guidance on what types of inventions are “abstract.”

Evolutionary Intelligence will be filing a combined petition for rehearing and rehearing en banc at the Federal Circuit on April 19, 2017. Amicus support would be due by May 3, 2017.  read more


Tabet DiVito & Rothstein: Why I Made the Leap

As the Law Firm Model Evolves, So Must Attorneys

Monday, May 2, was a big day for me: I joined specialist litigation firm Tabet DiVito & Rothstein LLC as a partner.

There’s a story here, of course. Katten is a great firm with great people. I learned a lot while I was there. But I’ve worked my entire career at some pretty large law firms, and while I appreciated the opportunities, experience, and advantages that big law presents, it was time for a change. read more


Economics of Biosimilars: Zarxio Debut Sparks Debate.

Will BPCIA Affect Innovators’ Plans for Developing New Biologics?

Here come the biosimilars. Last month, Sandoz, a subsidiary of Swiss multinational pharmaceutical company Novartis, launched Zarxio, the first U.S.-approved biosimilar to be introduced under the Biologics Price Competition and Innovation Act.

BPCIA, as the reader likely knows, created a pathway to regulatory approval of a competitive biologic, analogous to what Hatch-Waxman did with the accelerated new drug application (ANDA) route for generic pharmaceuticals in 1984. read more


Warning! Patents Disrupt Safety of Thousands! (Not Really.)

Or, How Hyperbolic Headlines and Biased Reporting Affect Patent Reform

Breaking news! Did you hear? Patent troll disrupts safety of thousands; victims urge Congress to legislate.” So runs the headline from a recent article by reporter Amanda Ciccatelli at

Stop the presses!!! One patent troll is disrupting the safety of thousands, and its victims are urging Congress to legislate. Help! read more


“Hard Bodies, Meet Big Data.”

NFL Debuts New Player-Worn Location and Movement Technology

If you’re an innovation buff, and I am, the Internet of Things is thrilling. That is, when it’s not a little creepy.

If you’re a football fan (and I am), learning that this season in the National Football League, worn sensors will connect players’ movements on the field to a computer for the purpose of data analysis seems kind of fun—although, outside the sports arena and taken to an extreme, this type of tracking could get really creepy. (More on that in a minute.) read more


Jumping in Shark Tank? Better Have Flotation Device.

Do Contestants Understand Patent Law—And What They Have To Lose?

ABC’s Shark Tank has become my favorite show. I guess you could have predicted that. Every Friday night, my girls and I settle down on the couch to get our fix. Bring on the munchies!

Did anyone catch last week’s episode (EP605), apparently a rerun from 17 October 2014? In the first presentation, the contestants presented an inner-tube with metal bars in the middle to support safe jumping. Called the Jungle Jumparoo. read more


Big Blue Swinging a Big Stick

Leads Pack in Cloud Patents. But What Does Alice Say?

IBM is leading the pack in developing cloud patents, according to a recent piece in Computerworld. But is the outlook sunny?

IBM is touting its fat IP portfolio, indeed. That’s (count ‘em) 7,534 patents in 2014 alone. Microsoft won 2,829 in the same period, Amazon 745. But IBM is getting flattened in the market right now, after being a market darling between about 2004 and 2011 or so. read more


Bull Market in Patents Is No Bull

$19 bn. in Patent Deals Executed in 2012, Up from $450 mm. in 2011

In a recent piece for, Kabir Sehgal writes about the emergence of patents as a tradable asset class.

He’s a little late to the party. A market for patents as valuable commodities has existed for at least two decades, maybe longer. And he’s a little off in the nomenclature: patents aren’t a “license to sell …”. They confer the right to exclude others from selling the patented invention. read more


Patent Bill H.R.9 Called Innovation Death Trap

Silicon Valley Icon Issues Broadside Against Industry-Backed Troll Bill

It’s about time. Another voice in the innovation community has risen to counter the repetitive arguments of those favoring legislation to curb the purportedly diabolical actions of patent trolls. I’m looking forward to hearing more such voices.

Bob Pavey, Silicon Valley icon and partner emeritus at venture capital firm Morgenthaler Ventures, isn’t buying the rhetoric. Check out his sober opinion piece in the San Jose Mercury News on the march toward passing H.R.9, the “anti-troll” bill now out of committee and to be debated on the floor of the House of Representatives. read more