As technology is dynamic, changing exponentially, patent law has exploded into the headlines. Below, we briefly highlight current patent hot topics.  If you have questions, concerns, or need patent law and intellectual property advice, be sure to call (605-335-4950) or email our office for a confidential consultation.

Induced Infringement U.S. Supreme Court decision May 31, 2011

The Supreme Court declares, “(1) Induced infringement under 35 U.S.C. §271(b) requires knowledge that the induced acts constitute patent infringement; and (2) that deliberate indifference to a known risk that a patent exists does not satisfy the knowledge required by Section 271(b).”

“Actual knowledge” remains the legal standard for induced infringement cases.

Quality Versus Quantity

“HP is seeking broad patents that relate directly to its main businesses, avoiding the costs of filing patents that may relate to more specific processes....HP seems to be keeping secret certain innovations, especially in its services division, rather than filing patents,” Kevin Light, a deputy general counsel and vice president for intellectual property at Hewlett-Packard as quoted in the Wall Street Journal.”

Finding a uniquely qualified patent attorney is essential to filing a quality patent.

Patent Marking Suits

In patent marking suits, third parties bring suit against companies who inappropriately mark protects as patented when they have not been afforded patent protection or the patent protection has expired.  Third parties have interest because they are entitled to an equal share (with the U.S. government) in all fines levied. 

Banks are the focus of patent marking suits in 2011.  Earlier this year, Main Hastings LLC of Texas sued Citigroup, J.P. Morgan Chase, HSBC USA in District Court, accusing each of having expired patents (regarding telephone technology) listed on their website. 

In 2009, it was ruled that each patent marking offense is punishable by a fine of up to $500. 

It will be interesting to see how the court rules in this case and how it measures the number of offenses by offending website.

Ashton Kutcher Replaces Charlie Sheen

2011 headlines have been filled with news of Charlie Sheen and, now, news of his replacement on the popular television series, Two and a Half Men, Ashton Kutcher.

What in the world does this have to do with patent law?

Charlie Sheen has his own patent!  Charlie Sheen (also known as Carlos Irwin Estevez) and Rodger D. Thomason hold patent number US 6,283,658 with an issue date of September 4, 2001. 

Where to get good advice and patent law services

We are closely watching current issues in patent law for the benefit of our clients.  If your patent has been infringed or if you have an innovative invention that you want to protect, hire an attorney who focuses his or her practice on patent law. 

At Cutler & Donahoe, LLP, we focus our practice on representing people just like you.  Not only do we help you to obtain your patents for your inventions, we help you protect your patents and get the compensation that you deserve. 

If you have questions about patents and patent hot topics, call our offices now at 605-335-4950 or email us.