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Scott Moskowitz

is founder and managing director of Blue Spike LLC. The idea for Blue Spike came about while still an undergraduate & later experience at Sony Corporation in Japan, the first undergraduate honored to work in an active business strategy group within Sony Corporation. Mr. Moskowitz invented a large number of approaches to protect media content such as music, video, software & images. Several inventions are “pioneer patents” & created new industries & lucrative, high-paying jobs. Mr. Moskowitz also invented “ASLR” to increase software & device security. Work in signal analysis included robust summaries of signals – “signal abstracts” – for content recognition & monitoring as well as “packet watermarks” for identifying & securing streams of data, or packet flow, deep packet inspection, differential quality of service (“diffQoS”), intrusion detection, prevention of denial of service attacks, differential quality of experience (“diffQoE”) & “trusted transactions” for enabling, at least, “dynamic authentication”.

Recent Articles by Scott Moskowitz

PTAB Procedural Reforms are Necessary to Restore Balance and Due Process

Under the current PTAB system, irreparable harm is occurring to patent holders. Conversely, virtually no harm will be done to petitioners by putting on the brakes. Charging ahead in light of the conflict between examination and post grant review will only continue to damage patent holders. The probability of substantial error is extremely high under the circumstances. Improperly cancelled claims will be very difficult to correct, but delaying adjudication by a few months carries no risk… The USPTO should suspend all PTAB proceedings immediately. This can be accomplished by the USPTO invoking §316(a)(11) and §326(a)(11) to extend all pending proceedings by 6 months, which will allow time necessary for the government to implement procedural reforms to stabilize the system.

Fundamental incongruities of PTAB operations affect the integrity of the patent system

For more than two centuries, the U.S. Constitution, black letter law and precedent construed a patent as a property right. This is important because it is the nature of property rights that enables investment in early stage startup companies, especially those with cutting edge technologies in highly competitive fields like pharmaceuticals, biotech, smart phones, enterprise software, internet, semiconductors and other technologies critical to our infrastructure, military and much more… The same agency that takes inventor money to grant patents takes infringer money to destroy them. This creates an appearance of double dealing, and inventor belief that the USPTO is breaching the “grand bargain” of the patent system. Inventor confidence is at an all-time low because inventors are lured away from using trade secrecy protection, but then given nothing in return for disclosure. The effect of PTAB on inventors is devastating. Since institution of PTAB, over 50% of inventors simply quit rather than suffer the financial and stressful indignation of post grant invalidation.