Posts by Stephen B. Schott
Reconsider the Trade Show: Minerva Surgical v. Hologic and the Public Use Bar for Patents
Have you considered bringing your latest invention to a trade show? If so, the latest Federal Circuit ruling in Minerva Surgical v. Hologic illustrates why you might want to hold off on displaying the invention to the public until you’ve filed a patent application. Minerva Surgical and Hologic create devices to treat heavy uterine bleeding.…
Read MoreBimbo Bakeries v. Sycamore: Who’s the breadwinner?
Although I’d like to get my hands on the Oreos recipe, there’s a reason I can’t bake “Milk’s Favorite Cookie” in my oven: Oreos are a trade secret. Trade secrets offer an economic benefit to the company that makes them because they’re known only to a select few individuals. Nabisco does not share the Oreos…
Read MoreUnicolors v. H&M: The Cardinal and the Scarlet Tanager in Copyright Law
Above: Photo of an H&M store. ID 23915197 © Radub85 | Dreamstime.com You’ve probably got an H&M shirt tucked away somewhere in the back of your closet. The Swedish company operates over 3,000 stores and is the second-largest retailer in the world. Recently, H&M was the subject of an infringement suit from Unicolors, a fabric…
Read MoreCosmoKey v. Duo Security: Skipping Step One of the Alice Test
Have you ever used dual verification to sign into a device? If so, you might be familiar with Duo Security, a software company that specializes in multi-factor authentication. Recently, Duo Security made headlines in the intellectual property world when CosmoKey, a much smaller securities company, sued it for patent infringement. The patent in question claimed…
Read MoreMinerva Surgical v. Hologic: Supreme Court Retains but Narrows Assignor Estoppel
Picture this: someone offers to assign you the patent for a cutting-edge technology that could change the world. You leap at the prospect and buy the rights, only for the inventor to immediately declare the patent invalid. Now, you’re out millions of dollars and have potentially lost the ability to sell this novel technology. What…
Read MoreThe New Copyright Claims Board: An Easier Way to Settle Small-Claims Copyright Disputes
Imagine that you created a painting, and now someone is using the image without your consent. What action could you take? A lawsuit seems like a reasonable step to protect your copyrighted work. But how much money will you win compared to the legal fees you’ll have to pay? Until recently, suing someone for copyright…
Read MoreThe Humvee in Call of Duty: Where Trademark Usage Meets the First Amendment
Above: Photo of a Humvee If you’ve watched Jurassic Park or The Avengers, you’ve come across the Humvee featured in a Hollywood film. Formally called a High Mobility Multipurpose Wheeled Vehicle, the Humvee is a type of four-wheel drive truck manufactured by AM General. In 1983, the United States awarded AM General with a contract…
Read MoreA Renewed Call: Repeal the Single Sentence Rule for Patent Claims
Like all elementary school graduates, I learned that a single sentence should be short. One source suggests that a well-written work should average 20 to 25 word sentences.[1] With that as the guide, sentences averaging 50 words would raise the ire of a 3rd grade teacher. Those averaging 100 words would drive a sane person…
Read MorePA Bar: Removing The Exclusivity Of “Patent Attorney”
[EDIT: The Pennsylvania House of Delegates voted down this measure in May 2019, mostly due to issues unrelated to the “patent attorney” designation discussed herein.] The Pennsylvania Bar Association, following the American Bar Association’s adoption of new Model Rules in August 2018 (deleting earlier Rule 7.4) and seeking to conform Pennsylvania’s Rules to follow the ABA, has proposed…
Read MoreNew USPTO Director Andrei Iancu’s Pro-Innovation Remarks
Following the last several years where Congress, the courts, and even the former U.S. Patent and Trademark Office Director were accused of being anti-innovation, the new director Andrei Iancu delivered these pointedly pro-innovation remarks yesterday. Innovators should applaud what some believe is an overdue return of a painful pendulum swing. Here is his introduction: Dr. Eli Harari, an electrical engineer, always tinkered…
Read More