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Monday, June 10, 2019 5:06:05 PM
As Malak explained in the interview, Voip-Pal's technology (then Digifonica) was conceived, and design work begun, in 2004. "Internet would be the future for making telephone calls… internet telephony was going to become very popular," Malak said.
As Malak told CEOCFO's Bud Wayne, companies like Apple, Verizon, AT&T and many others are using the Voip-Pal technology without having first obtaining the licensing to do so. According to Mr. Malak, "they just integrated our technology into their own product, because that was the cheapest way of differentiating between a private node and public node, in how to route a call.
Mr. Malak explains how 'the AIA was called by many experts and honest judges a "killing field" for patents'. In speaking with CEOCFO Magazine, Mr. Malak discussed how difficult it is to have two separate entities like the USPTO/ PTAB and the federal district/appellate courts arriving at opposing decisions on the same issues, using different sets of standards.
Mr. Malak discusses how future legislation by Congress could fix this mess simply by clarifying who does what and streamlining this confusing decision making process. The USPTO/PTAB should be the only ones dealing with technical matters covering all patent validity issues as they have the qualified experts. These matters include Alice 101/abstract, 102, 103, novelty, prior art, obviousness and indefiniteness etc. "Nothing should ever be subjective. The federal courts should only be asked to make decisions on infringement and damages. They lack the complex technical expertise to make patent validity decisions. Also, the process is too long. The time it takes should be cut in half. The Silicon Valley has exploited the weaknesses in current patent law and they are comfortably acting is if they are above the law." Emil Malak is fighting a very important battle for all inventors everywhere and for the future of business, technology and the economic health of the world.
In a recent op-ed, Mr. Malak wrote, "While the Silicon Valley conspires to steal intellectual property and stifle innovation supported by the PTAB and the court system, China's Shenzhen is emerging as a technical powerhouse; with plans to install 7,000 new 5G base stations this year alone. If the Silicon Valley continues their suppression of technological innovation they will be displaced by Shenzhen as the hi-tech leaders of the world."
Larger companies with deep pockets are able.to.tie.patent.challenges up in the U.S. court system for years, driving the smaller inventors into bankruptcy, leaving Mr. Malak to suggest "Keep it a trade secret. Do not patent with the current US patent system. If you need to patent, I suggest you start with Europe, India or China who are improving their patent protection laws and surpassing the United States in protecting inventions".
Mr. Malak is one person, so the appeal is for all media, Congress, the Senate and the current Donald Trump Presidential Administration to join the fight for the future of the global economy and all inventions be they technology, healthcare or consumer products. "I do believe the new USPTO Director Andrei Iancu is doing his best to address each of these issues and bring back the credibility and integrity of the Agency. In my opinion he will only succeed if the AIA is repealed and replaced."
Contact: Bud Wayne
Editorial Executive CEOCFO Magazine 570-851-1745
budwayne@ceocfomagazine.com SOURCE: CEOCFO Magazine
"TAX THE RICH, FEED THE POOR TILL THERE ARE NO RICH, NO MORE" THE SOCIALIST AGENDA FOR AMERICA 2020
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