What is the difference between counterfeiting and trademark infringing? Is it fake? Whether or not a product is a counterfeit boils down to the degree of similarity. Are you dealing with a fraudulent imitation? If so, it might be a counterfeit. The difference between trademark infringement and counterfeiting is a matter of the extent of […]
Category: Patent Infringement & IP Disputes
Design patent infringement: What is a substantially similar appearance?
What is the design patent infringement test? It’s simple to recite, but tricky to apply. The test for design patent infringement involves a visual comparison between the patented design and the accused product. Known as the ordinary observer test, the standard for determining design patent infringement basically asks whether the accused design would appear substantially […]
How to Enforce Intellectual Property Without A Lot of Money
Affordable ways to enforce intellectual property If you don’t have at least two million dollars laying around to sue for patent infringement, this post is for you. Thankfully, you can enforce intellectual property without spending your life savings. In fact, these options for intellectual property enforcement are quite affordable if you know how to take […]
How do you argue noninfringement in an Amazon seller patent case?
What are the ways to defend an Amazon neutral patent evaluation? Amazon’s neutral patent evaluation technically offers three ways to defend a utility patent infringement claim. One way is to show a prior decision by a court or the US International Trade Commission (ITC) that the asserted patent claim is invalid. This is a rare […]
How much does it cost to fight an Amazon seller patent case using the neutral evaluation process?
What is the Amazon utility patent neutral evaluation procedure? Patent owners may file a claim with Amazon to stop sellers from listing products that allegedly violate their utility patents. The ecommerce platform has created its own patent court. A patent owner can essentially start an Amazon seller patent case against infringing competitors. This option avoids […]
How does Amazon resolve utility patent infringement claims?
Does Amazon allow patent owners to file a claim for utility patent infringement against sellers? Yes, Amazon offers its own patent court for sellers to resolve utility patent infringement claims. Neutral Patent Evaluation is the name of the process to resolve Amazon utility patent infringement claims. NPE is a streamlined procedure for sellers to get […]
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 […]
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 […]
How to block competitors with patents
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. Congratulations are in order. Yet you do not want to overlook the risk that competitors will find ways to avoid your […]
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 […]