Neal Solomon
Neal Solomon is CEO of Advanced System Technologies Inc. A prolific inventor of technologies involving semiconductors, communications, data management, imaging, robotics and healthcare, he holds degrees from Reed College and the University of Chicago.
Posts by Neal Solomon
Economic Consequences of the Patent Crisis
The Fed has been oblivious to the mechanisms of market economics and technology investment driven by the degradation of patent rights in recent years. While the Fed …
AIA and PTAB Unconstitutional Under the Public Rights Doctrine
Only Article III courts can provide a fair, neutral and unbiased forum for assessment of patent validity. For over two hundred years, patent validity, patent infringement and …
IPRs unduly harm patent holders and benefit big tech infringers
The PTO systematically administers a collection of procedures in IPRs to unduly harm patent holders and benefit big tech company infringers. The data show that the plain …
Patent Trial and Appeal Board Procedures for IPR Fail to Satisfy the Fifth Amendment
Due process is an essential condition for a fair proceeding involving a matter in which property rights are in dispute. Unfortunately, there is no interpretation of PTAB …
McCormick and the Separation of Powers Constraints of Patent Invalidation
The argument that patents are private rights is supported by over two centuries of jurisprudence. Patent rights derive from Article I, section 8, clause 8 of the U.S. …
Private Rights and the Sanctity of an Independent Judiciary
There appears to be a consistent pattern of public rights cases from Murray’s Lessee to Stern. Congress may establish a public right, separate from actions that …
The Modern Public Rights Doctrine
The modern public rights jurisprudence flows from Atlas Roofing in 1977 to Stern in 2011. Although the case law does not provide a straight line, there is a consistent …
The Classical Public Rights Doctrine: Growth of the Administrative State
The Crowell Court distinguishes between matters of common law adjudicated in the federal courts and matters that may be reviewed in administrative agencies. However, the Court is …
Patent Review in an Article I Tribunal is Unconstitutional Under the Public Rights Doctrine
This experiment in patent validity review an executive agency by the Patent Trial and Appeal Board, an Article I tribunal in the PTO, has been unsuccessful...The …
The Problem of Patent Valuation
In many cases, the challenge of patent quality is reduced to questions of patent validity. However, in other cases, the quality of a patent depends on economic …
Solutions for Inter Partes Review: Restoring patent rights and respect for the presumption of validity
In order to begin restoring patent rights and respect for the presumption of validity changes must be made to constrain the PTO post grant procedures... Patent holders …
The Problem of Inter-Partes Review (IPR)
IPRs introduced an asymmetric component which particularly burdens the patent holder by requiring a very expensive ten-fold higher cost to defend the patent in the PTAB relative …
The Problem of Obviousness
The overly inclusive nature of obviousness interpretations has led to problems. First, with an overly broad view of obviousness, patent applicants are encouraged to flood patent examiners …
The Problem of Reducing Patentability to Novelty
Ironically, judicial decisions on patent eligibility tend to depend on inventiveness, with tests of originality that tend to refer to novelty, reducing the issue of patentability to …
Patent Quality Relies on a Fictitious Narrative
The facts are that the quest for the golden patent is misplaced. The real problem has been the shifting and artificial criteria of patentability, inventiveness and “obviousness.” …
