Do your products infringe a patent?

Where to start if you have been accused of patent infringement Disruptive and disconcerting – two of the most common emotions experienced by one accused of infringing a patent. Determining whether your products infringe a patent requires a methodical approach. A careful comparison of the patent claims and your accused products will help guide your […]

Read More

How to defend NPE Amazon patent infringement claim

What is the Amazon patent infringement program called? Amazon’s Neutral Patent Evaluation (NPE) program is their own version of patent court to resolve patent infringement disputes between sellers. While the NPE is not actually a court of law, its goal is to provide a more cost-effective way to resolve patent disputes involving goods sold on […]

Read More

Is one patent enough?

Why one utility patent might not be enough Obtaining a utility patent is no minor accomplishment. You likely had to respond to at least one Office Action and overcome claim rejections on multiple grounds. While congratulations are in order, you do not want to overlook the risk that competitors will find ways to avoid your […]

Read More

How to design around patents

What is a design around? A design around refers to a product that has been intentionally designed or modified to avoid patent infringement. The goal of a design around is to reduce the risk of a patent lawsuit or, if sued, to avoid or minimize liability for infringement. In order to design around patents, you […]

Read More

Amazon infringement notice: How to respond

Does the Amazon infringement notice identify a patent, trademark or copyright? At the outset, you should carefully study the Amazon infringement notice to determine which IP rights are being asserted against your product listing. An accurate understanding of the asserted IP rights will lead to clues as to which features might be triggering the notice […]

Read More

How to understand patent claims

Understanding utility patent claims The claims are often the least understood portion of a utility patent, and yet they matter the most. Attempting to understanding utility patent claims can feel like learning a foreign language. There is a lot of funky claim language like “comprising,” “said” and “wherein,” not to mention the hierarchy of independent […]

Read More

Why Trademarks Matter to Amazon Sellers

Trademark registrations are critical for selling on Amazon Selling products through Amazon in the US can be lucrative if done wisely. One crucial factor in selling products under your own brand is to make sure you comply with Amazon’s intellectual property policy and block competitors from using your brand. The reason why trademarks matter to […]

Read More

What is a freedom to operate (FTO) or infringement search?

What is a patent infringement search? There is not a single type of patent search. What most people mean by a “patent search” is a novelty search to see if an invention is patentable. Novelty searches, however, offer no assurances regarding infringement. To determine the risk of patent infringement for selling a product, you need […]

Read More

Should I have a patent infringement search conducted for a simple product?

What is an FTO search? Also known as a Freedom-To-Operate (FTO) or right-to-use search, a patent infringement search looks for patents that may cover a product or service. An infringement search involves¬†a careful comparison of the patent claims to the product to be sold, as opposed to a novelty search which focuses on the patent¬†drawings […]

Read More

How to Avoid Patent Infringement

Will changing the product 10% to 30% avoid patent infringement? I think part of the reason why patents are undervalued these days is the growing myth that you can avoid infringing a patent by changing your product by, say, 10% to 30% (what does a 10-30% product modification even mean?). Unfortunately, such percentage changes will […]

Read More