Posts by Stephen B. Schott
Design Theory
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Read MoreUSPTO Director Michelle Lee Resigns (Matal Named Acting Director)
USPTO Director Michelle Lee abruptly resigned today. There was speculation after President Trump’s election that she would not stay on or perhaps take another post in the administration, but after months of questions, she affirmed her role as USPTO Director in March. Just two months later, she has resigned, opening speculation as to who will fill her…
Read MoreSupreme Court: Patent Infringement Lawsuits Only In State Of Incorporation Or Regular Place Of Business
The Supreme Court issued a unanimous decision (it does happen) today in TC Heartland LLC v Kraft Food Group Brands LLC. The Court found that a plaintiff must bring patent infringement suits in the defendant’s state of incorporation or where the defendant has committed acts of infringement and has a regular and established place of business.This…
Read MoreGuest Post: Tax Credits and Incentives for Pennsylvania Businesses
I met Anne a few weeks ago at a Headroom event in Wayne. Her subject matter was news to me and seemed relevant to many readers of this blog so I invited her to write a column. Thankfully, she obliged my request. -Steve by Anne Fabry of MVM AssociatesThere are nearly 2,000 different state incentives and thousands of federal programs currently…
Read MorePatent Month In Review: March 2017
No Laches in Patent Infringement CasesThe Supreme Court addressed the distinction between laches and statutes of limitations in patent cases. Its 7-1 SCA Hygeine Products AKT vs. First Quality Products, LLC (S. Ct. 2017) considered whether laches could be used as a defense by defendant First Quality when 7 years had passed from when it first received notice of potential…
Read MoreSupreme Court: No Laches Defense In Patent Infringement Actions
Share on facebookShare on twitterShare on linkedin Equity aids the vigilant, not those who slumber on their rights. This is a legal maxim that speaks to fairness, and in the courts, the maxim finds its roots in the equitable defense of laches. Laches differs from a statute of limitations, which applies to particular situations.The Supreme Court recently…
Read MorePatent Month In Review: February 2017
dreamstime_s_38780059 2Supplying a Single Part of Many in an Infringing Device Does not Give Rise to Infringement LiabilityThe Supreme Court weighed in on whether supplying a single part for export in a multi-part infringing assembly gave rise to liability in Life Technologies Corp. v. Promega Corp. (Supreme Court 2017). In finding no liability, its conclusion was succinct:…
Read MorePatent Month In Review September
Abstract Idea Step in Patentable Subject Matter: Animated Lip Syncing Not Abstract, is EligibleMCRO, Inc. v. Bandai Namco Games America, Inc., 2015-1080 (Fed. Cir. 2016)“Here, the structure of the limited rules reflects a specific implementation not demonstrated as that which “any [animator] engaged in the search for [an automation process] would likely have utilized.” By…
Read MorePatent Infringement: The Letter You Send Could Get You Sued
“They are infringing but I don’t want to sue them: Let’s just send them a letter.” That’s a common thought among patent owners but before sending a letter with accusations of infringement, it’s important to understand that such a letter can itself be the basis for a lawsuit. And while you can send a letter and perhaps avoid getting…
Read MoreProp Head Reads: What is Life: How Chemistry Becomes Biology
By Stephen B. Schott What is Life: How Chemistry Becomes BiologyAddy ProssMy friend Manoj recently said, “In 5 billion years, an atom learned to talk.”This observation begs the question: How did the atom learn to talk? How did non-life become life?Pross sets out to answer this question and in so doing addresses many obstacles, the largest of…
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