Behemoth-Tech and the Little Innovators —  This Tale Ends, But the Story’s Not Over

Part IV of A Four-Part Tale: The Demise of Innovation, Or, Perhaps, the Birth of Hope

Once in a while, it’s fun to get creative about something you feel passionate about, and that’s how this “fairy tale” came to be. Over the course of the first three installments, the big and powerful B-Techs became frustrated when the New Innovators threatened their dominance, so they hatched a pernicious plan to bring down the pesky patentees. read more


Behemoth-Tech and the Little Innovators — The Fable Continues

Part III of A Four-Part Tale: The B-Techs Hatch a Pernicious Plan

You may already be following this “fairy tale”—an allegory that came to me during a Sunday morning at home. The first two installments introduced the big and powerful B-Techs, and their frustration when the New Innovators came on the scene to threaten their dominance. Now the fable continues, as the B-Techs strike back … read more


Behemoth-Tech and the Little Innovators — The Story Unfolds

Part II of A Four-Part Tale: The Path of Innovation Leads to Competition

So, yes: I wrote “a fairy tale.” Well, sort of. As I noted in the “first installment” on Monday, a bunch of things came together all at once—including a Sunday morning when I had a little extra time. So I cued up this story of how the Behemoth Tech companies became big and powerful because of their imaginative use of chips. But as time passes, innovation can be hard to replicate. read more


Behemoth-Tech and the Little Innovators

A Fairy Tale That’s All Too True (For Aren’t They All?) — and Patently Allegorical

“A fairy tale?” you ask. Well, yes. Because every once in a while, even though the work has piled up, you feel energized and spirited about something enough during breakfast on a Sunday morning that ideas just well up and the words spring onto the page. And if you have a couple of spritely, cheerful teenage daughters who occasionally read stories, narratives intersect and you just have a little fun with things. And that’s what happened here. So, a fairy tale … of a sort. And here goes. read more


Doomsday for Patents? Readers Agree.

Readers React to Post on IPWatchdog; Patents In “A Sad State of Affairs”

In posts here on my blog on March 27 and April 3, I described how in Evolutionary Intelligence v. Sprint et al. the district court for the Northern District of California invalidated a valuable pair of what had been durable software patents—a decision that in February the Federal Circuit upheld.

Both courts erred in overlooking valid claims, although in the wake of the wacky Alice ruling, such a decision might not have been unexpected. read more


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


TDR Files SCOTUS Amicus Brief for AIPLA in TC Heartland

Addressing Venue in Patent Cases

I am honored to have drafted the brief on behalf of the American Intellectual Property Law Association (AIPLA) in TC Heartland LLC v Kraft Food Group Brands LLC, U.S., No. 16-341 (2017), which concerns the appropriate scope of venue in patent infringement cases.

The brief supports the Federal Circuit interpretation of the general venue statute at 28 U.S.C. 1391 as providing a definition of “resides” applicable in the patent venue statute later in that chapter at 28 U.S.C. 1400(b). read more


Rest in Peace, Ray Niro. You Will Be Missed.

In Memoriam Raymond P. Niro Sr.

Last week my heart turned over, after news from Italy. For me as for many others who knew Ray Niro, worked both with him and adverse to him, the week since has been one of reflection tinged with sadness.

Today I attended the service for Ray, to honor a man I deeply admired, learned from, and over the years came to know as a dear friend. It is a hard loss. 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