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Michel and Dowd 21

(Hon. Paul R. Michel – retired United States circuit judge of the U.S. Court of Appeals for the Federal Circuit, and Matthew J. Dowd – appellate and litigation attorney and the founder of Dowd PLLC, focuses on intellectual property, with an emphasis on patent law, served as a law clerk to Chief Judge Paul R. Michel (ret.) of the U.S. Court of Appeals for the Federal Circuit, "From a Strong Property Right to a Fickle Government Franchise: The Transformation of the U.S. Patent System in 15 Years," Drake Law Review 69, no. 1 (2021), https://drakelawreview.org/wp-content/uploads/2021/06/michel-dowd-final.pdf) Julia T

Now, the question is what can be done to improve the situation. The Supreme Court's jurisprudence is problematic in several areas, most particularly in patent eligibility, but the Court has little apparent interest in fixing its troubling precedents. The mega-corporations' lobbying efforts continue, with their apparent goal being to diminish the force of patent rights and to prevent start-ups from threatening their market dominance with innovative new technologies-even though companies like Google and Amazon used their own patents to protect their own early-stage innovation and get their market edge in their early years.34 Plus, Congress's experiment with the AIA has caused far more problems than it has solved-unless of course one enjoys litigating arcane administrative law issues.

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