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How the PTAB Killed Molly Metz’s Patents

How the PTAB Killed Molly Metz’s Patents

Five-time world jump rope champion Molly Metz and her husband Dirk Tomsin talk about the highs and lows of innovation, entrepreneurship, and relying on America’s patent system.  A serious car accident spurred Molly to invent a new type of jump...
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Five-time world jump rope champion Molly Metz and her husband Dirk Tomsin talk about the highs and lows of innovation, entrepreneurship, and relying on America’s patent system.  A serious car accident spurred Molly to invent a new type of jump rope that revolutionized jump roping and the use of jump roping for CrossFit.  Thanks to patents that were awarded to her by the US Patent Office (USPTO) for the invention, Molly’s company – JumpNrope – started making the jump ropes completely in America and licensing the patents to various fitness companies that eagerly relied on her jump roping technology.  
It should’ve been the perfect story that the USPTO could tout about how America’s economy benefited from a woman inventor taking advantage of the patent system.  Instead, Rogue Fitness - the largest fitness distributor for CrossFit –challenged Molly’s patents at the USPTO’s Patent Trial and Appeal Board (PTAB).  Molly and Dirk are now dealing with the aftermath of that and fighting for a better future for other inventors.  
On this episode, Molly, Dirk, and Eli discuss:
Molly’s start in the world of jump roping in Boulder, Colorado
How a car accident spurred her to invent 
Decision to file patent applications 
Examination process at the USPTO & rewarding feeling of obtaining a patent
Decision to manufacture the jump ropes in Colorado and not China
Experience of successfully licensing the patented jump rope technology to other companies 
When the patent system worked for Molly
Rogue Fitness’ initial interest in selling Molly’s jump rope, licensing negotiations, and decision to infringe
Negative impact of Rogue Fitness’ refusal to license the technology
Working with patent litigation attorneys to enforce patents
Rogue Fitness challenging the patents at the PTAB based on two patents from 1978 and 1979
Molly and Dirk’s experience with the subsequent PTAB proceedings and Federal Circuit appeal
Prof. Dennis Crouch’s analysis of the PTAB decision
Supreme Court petition to secure pre-cancellation damages
USPTO’s effort to increase number of women patentees 
Advice for other women and small business inventors
Episode ID: 1000599008583
GUID: 03891694-8562-4c15-9fd5-a9d72fe417de
Release Date: 10/02/2023, 15:15:00

Description

Clause 8 of the US constitution is the foundation for America’s intellectual property laws. On the Clause 8 podcast, we talk to the personalities that make the IP system possible. That includes everyone from Chief Judges of the Federal Circuit and directors of the US Patent Office to the attorney who defended Carole Baskin’s trademark rights in the documentary Tiger King. The conversations provide strategic insights about the forces that shape IP policies, the business of innovation and IP law, and how to best deal with various patent issues from those who know best.
We also share entertaining backstories that allow our listeners to better understand the most important decision makers in the IP field. This is why senior in-house lawyers, law firm leaders, and DC’s savviest patent policy advocates make sure they don’t miss an episode.
This show is hosted by me, Eli Mazour. I am a partner at Harrity & Harrity, LLP – the go-to firm for the world’s largest patent filers. I personally try to use the knowledge that I gain from the podcast to help inform in-house counsel making difficult decisions, including how to prudently and effectively navigate patent policy developments.
For more information, visit voiceofip.com. And, if you would like to learn more about my firm, visit harrityllp.com.

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