Contour vs GoPro: limiting “Alice” abstraction
SCOTUS’s “Alice” analysis encourages analyzing patent claims at a high level of abstraction. The Contour vs GoPro decision helps limit this. When … Read more
Litigation
12(b)(6) motion to dismiss as abstract
In the recent Trinity vs. Covalent decision, the Federal Circuit gave patent infringers a new defensive weapon: a 12(b)(6) motion to dismiss … Read more
AI trademark search
Is your proposed trademark logo infringing or not? The WIPO Artificial Intelligence (AI) trademark search engine (trademark checker) can provide helpful insight. … Read more
Method vs. system claims
Method claims are different from system, device, or apparatus claims. Method claims are easier to get, but system claims are easier to … Read more
Means plus function claims
Means plus function claims, described in 35 USC 112(f), are a tricky area of patent law. Unlike more commonly used “structural” claims, … Read more
Design patent infringement
Design patent infringement isn’t just exact copying. Instead, the test is if an “ordinary observer” will see “substantial similarity.” Determining if a … Read more