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Schott, P.C.'s Idea Law News
May 2014

Supreme Court Issues Two Patent Opinions

by Stephen B. Schott

Inducement—Direct Infringer Needed (Limelight Networks v. Akamai Tech.)

The law at issue in this case revolves around induced infringement. In layman’s terms, induced infringement arises when one actor does not itself perform all of the steps in a claim. Consider an example where a patent claim requires 39 steps. An accused infringer performs 38 steps but another party performs the 39th. Can the patent owner sue the accused infringer for infringement? What if the accused infringer told the third party how to perform the 39th step? This example illustrates the induced infringement issue. 


Claim Indefiniteness Requires Reasonable Uncertainty (Nautilus v. BioSig)

The Patent Act requires that a patent specification “conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as [the] invention.” Setting aside a painful that vs. which error in the statute, a claim that fails to meet the statute is unpatentable in an application or invalid in a patent.



Show ‘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. ...[S]ometimes an inventor stumbles across a material reference that could decrease his chance of securing a patent. In such a case, what must the inventor do? 


Other Articles

Anti-Troll Legislation is Back Under the Bridge

...Yesterday, Senate Judiciary Chairman Patrick Leahy shelved patent reform legislation, including the anti-troll reforms that had been brewing for months. Despite pressure from the public, companies like Google, and The White House, Leahy noted that there was "not sufficient support behind any comprehensive deal.” 
World Cup
The World Cup starts on Thursday and even more exciting for soccer/football fans here, the US plays on Monday. I may not like the new Bomb Pop uniforms but I do hope for the best Sunday in an early must-win game against the team that eliminated the US in 2010: Ghana. 

In honor of the World Cup, Schott, P.C. has sponsored a contest for the Hunter Cheetahs U13 girls soccer team.

Patent Haiku
sea of ideas
many watch from the shoreline
inventors fishing


Our Mission

Schott, P.C. practices idea law, which is intellectual property law that focuses on patents, trademarks, copyrights, and trade secrets. Our goal is simple: Make the world a better place, one idea at a time. That means working with inventors and creative people to help them protect, share, license, develop, and sell their ideas. 

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