Posts by Stephen B. Schott
How to Keep an Inventor’s Notebook
An Article in Schott, P.C.’s IP Law For Start-ups SeriesBy Stephen B. Schott An inventor’s notebook can be a breeding ground for your creative ideas. Capturing your ideas and improving on them over time in a single notebook lets you revisit older ideas or combine ideas as you solve a problem. And if you think of the…
Read MoreThe Supreme Court Rules On Public Performance And Copyright
Last week, the Supreme Court wrapped up a busy term for intellectual property cases. The latest and final IP case it decided was American Broadcasting Cos., Inc. v. Aereo, Inc. Aereo is a copyright case involving a copyright holder’s exclusive right to “perform the copyrighted work publicly.” In reviewing the technology at issue, a majority of the Court found that Aereo’s…
Read MoreTop Ten Most Important Trademark Cases
By Stephen B. Schott Patent attorneys appreciate patent law’s rigidity. Unlike many areas of the law, there are hard rules and unextendable deadlines. In some ways, this inflexibility reflects the personality of the scientists and engineers who benefit from it. But if patent law is predictable and rigid, trademark law is its antithesis: unpredictable and changeable. Its practitioners…
Read More“Hail to the…” Redskins Federal Trademarks Canceled as Disparaging
By Stephen B. Schott In a 2-1 split decision, the US Patent and Trademark Appeals Board canceled several trademarks owned by American football’s Washington Redskins today. The marks included: WASHINGTON REDSKINS, THE REDSKINS, several stylized variations of REDSKINS, and one mark whose commercial value seems dubious: THE REDSKINETTES. The Washington Redskins have been under increasing pressure from…
Read MoreTesla Donates Its Patents To The Public: “All Our Patent Are Belong To You
Yesterday, Tesla Motors announced that it “will not initiate patent lawsuits against anyone who, in good faith, wants to use our technology.” It removed all of its patents from its lobby in Palo Alto and says that “applying the open source philosophy to our patents will strengthen rather than diminish Tesla’s position in [the market].” Tesla titled…
Read MoreAdam Corolla Fights Patent Trolls But Anti-Troll Legislation Is Back Under The Bridge
Comedian and podcast host Adam Corolla recently visited Capitol Hill to complain about patent trolls. Discussing a patent infringement lawsuit targeting his podcast’s technology, Corolla stated “I’m just a small business … I understand wanting to protect your innovation, but this is run amok.” He also complained that in spending money to fight the litigation, he was losing out on…
Read MoreShow ‘Em What You Got: Patents and the Duty of Disclosure
Have you ever found out about something that you wish you could forget? The forgetting presents a particular conundrum for inventors with applications at the US Patent and Trademark Office. Inventors are often the most knowledgeable people about their inventions and what others are doing in the competing industry. And sometimes an inventor stumbles across…
Read MoreSupreme Court Makes it Easier to Penalize Misbehaved Patent Litigants
Yesterday, the Supreme Court invited district courts to use more discretion in awarding attorney fees in “exceptional” patent cases. This 9-0 decision delivered by Justice Sotomayor in a case involving elliptical machines will help judges penalize misbehaving patent litigants. The law governing exceptional patent infringement cases reads in total: The court in exceptional cases may award reasonable attorney fees…
Read MoreComparing Common Law Vs. Federally-Registered Trademarks
An Article in Schott, P.C.’s IP Law For Start-ups Series Do you have a business name? Are you using it in commerce? Or do you have a distinctive name for a product that you’re selling? Guess what: You may already have trademark rights. Even without filing an application with the US Patent and Trademark Office or…
Read MoreStart-Up’s Primer On International Patent Protection
An Article in Schott, P.C.’s IP Law For Start-ups SeriesBy Stephen B. Schott The innovative start-up looking to protect its market and increase its value will often file for patent protection. But when making the decision to seek patent protection, it will quickly face a second question: Should the start-up file for international patent protection? There are a few…
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