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
infringement
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
Blurred lines: copyright AFC tests
The “Blurred lines” music copyright case went wrong because courts are not using modern “abstraction-filtration-comparison” AFC tests. Copyright covers creative expression but … Read more
35 USC 287: Marking inventions
To avoid damaging your patent rights, mark your products with patent numbers. The law (named 35 USC 287) covers devices but not … Read more
Patent demand letters
Patent demand letters are stressful. Before responding or ignoring, evaluate infringement, patent prosecution history, ownership, and litigation history.
Patent claim charts
Think that someone is infringing on your patent? Worried you are infringing, or want to show a patent reads on prior art? … Read more