Articles, thoughts, and entertainment from an Idea Lawyer.
View this email in your browser

Supreme 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 apply to particular situations.

The Supreme Court recently addressed the distinction between laches and statutes of limitations in patent cases.

Propeller Head Books Read: Norse Mythology, The House of Morgan, Path to Power, and Lincoln at Gettysburg 
A review of notable patent cases from the last few months. 

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...[t]he Federal Circuit ruled unanimously that software and data structures were not inherently abstract ideas and were therefore patentable under the Supreme Court’s two-part Alice test. Enfish, LLC v. Microsoft Corp (Fed. Cir. 2016).

One justification for a patent office rejection is the brick wall, “It would have been obvious for a person of ordinary skill in the art to combine these references.” This is a tough statement to overcome for any would-be patentee hoping to argue that an examiner improperly combined two (or more) references in issuing an obviousness rejection.

But the Federal Circuit just gave applicants a boost in In re Nuvasive, Inc.
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. 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 mad. And a 250 plus word sentence would drive even Proust to distraction.
We've got a whole new look but still the same IdeaEsq. We hope you enjoy it. 
Copyright © 2017 Schott, P.C., All rights reserved.

Want to change how you receive these emails?
You can update your preferences or unsubscribe from this list

Email Marketing Powered by Mailchimp