Posts by Stephen B. Schott
Supreme 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.…
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 Associates There are nearly 2,000 different state incentives and thousands of federal programs…
Read MorePatent Month In Review: March 2017
No Laches in Patent Infringement Cases The 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…
Read MoreSupreme Court: No Laches Defense In Patent Infringement Actions
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 addressed the distinction between laches and statutes…
Read MorePatent Month In Review: February 2017
Supplying a Single Part of Many in an Infringing Device Does not Give Rise to Infringement Liability The 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.”…
Read MoreFederal Circuit: Software Not An Abstract Idea—Is Patentable
Software patents are alive. Again. Many pundits have been saying it since the Supreme Court’s Alice decision on patentable subject matter in 2014, but there has been little guidance on the topic from the leading courts until now. On Thursday, the Federal Circuit ruled unanimously that software and data structures were not inherently abstract ideas and were therefore patentable…
Read MoreApril 2016 Patent Law Update
USPTO Subject Matter Guidelines Updated If you haven’t seen them, the USPTO published patentable subject matter hypotheticals, with an accompanying analysis. The PTO published these examples last year but recently added more examples that include a focus on bio-related technologies. Courts Cannot “Factor Out” Functional Elements When Construing Design Patent Claims Sport Dimension, Inc. v. Coleman…
Read MorePatents vs. Trade Secret: Which is Right for You?
An Article in Schott, P.C.’s IP Law For Start-ups SeriesBy Stephen B. Schott Patents prevent others from using your idea in exchange for you sharing that idea publicly. Trade secrets reward you for keeping your idea secret from others. So interestingly, the legal protection for each originates from different sources: open disclosure (patents) vs. secrecy (trade secrets). You may face…
Read MoreThe Happy Birthday Song, Batmobile, And Copyright Law
Copyright law doesn’t change a lot but a pair of interesting cases came out recently involving some pop culture. The Happy Birthday Song Are you one of those people who hears a story that sounds too interesting or curious to be true and just assumes it’s an urban legend? Do you hear a tall tale…
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