What’s in a name? Analyzing the Affordable Care Act decision

What’s in a name? Analyzing the Affordable Care Act decision

What’s in a name? That which we call a rose by any other name would smell as sweet.  And that which we call a penalty by any other name would still be charged.  But what if we called it a tax?  Is there a difference between a penalty and a tax? Penalty is: a punishment Read more about What’s in a name? Analyzing the Affordable Care Act decision[…]

Did the America Invents Act of 2011 Kill “False Marking” Claims for Relief?

Did the America Invents Act of 2011 Kill “False Marking” Claims for Relief?

Did the America Invents Act of 2011 kill “false marking” claims for relief?  Yes and no, but, mostly, yes.  It is now primarily the Federal government’s responsibility to protect consumers from false claims of patent protection.  Wish us the best of luck. 35 U.S.C. 292 provided: “Whoever, without the consent of the patentee, marks upon, Read more about Did the America Invents Act of 2011 Kill “False Marking” Claims for Relief?[…]

The America Invents Act Doesn’t Live Up To Its Name… And What It Fails To Address

The America Invents Act Doesn’t Live Up To Its Name… And What It Fails To Address

The United States has always been at the forefront of innovation.  Perhaps born of necessity given our “wild frontier” history or perhaps just dumb luck, for better or worse, the United States has more often than not been the spearhead of change.  From the industrial revolution, to the more recent technological revolution, to the information Read more about The America Invents Act Doesn’t Live Up To Its Name… And What It Fails To Address[…]

Is Innovation Being Stifled

Is Innovation Being Stifled

Is innovation being stifled by current policies? Having practiced intellectual property law for more than 25 years, I’ve had the singular honor of witnessing American innovation, creativity and entrepreneurial energy signal the end of every economic down turn. All those unemployed and under employed workers, having a little time and inspiration, innovate and develop new Read more about Is Innovation Being Stifled[…]