Posts Tagged ‘Patent Infringement’
You – And Only You – Are Responsible for Your Patent
The sad story of how an inventor was taken advantage of by his patent attorney. In 1989, Steven Byrne invented an accessory to a string trimmer – the ubiquitous ‘weed whacker’ used for landscaping. Mr. Byrne was a landscaper. He developed his invention so that he could use the string trimmer for edging a sidewalk. …
Read MoreWhat Is Patent Infringement?
Patent infringement is when someone else uses your patented idea without permission. The strict, legal definition is when someone infringes or performs every limitation of at least one patent claim. This is found in 35 USC 271. Many inventors and entrepreneurs believe that having a patent means they are “protected.” Having a patent just means…
Read MoreLawsuit dismissed for undetectable software patent claims
Summary: Undetectable[1][2] claims are a huge problem during litigation. This highlights the disconnect between what the patent attorney does during examination – and what the litigator needs to successfully sue infringers. DataWidget vs Mailchimp Datawidget sued Mailchimp for patent infringement[3], but the case was dismissed because the patent claims were undetectable. The patent being asserted…
Read MoreHow to Find a Realistic Patent Value
Updated 15 Aug 2025. The biggest factor to determine a patent’s value: revenue. A realistic patent valuation[1][2] can be determined using many of the same techniques used to value businesses. However, it all depends on whether someone is actively copying your invention. How to value a patent all depends on whether there is product in…
Read MoreSelling Patents: The Enemy of My Enemy is My Friend
When selling patents, it is tempting to think of competitors or direct infringers as the appropriate people who would be interested in your patent. But the truth is there is a much, much larger pool of companies to consider. I was having lunch with a friend who was chief patent counsel at a company that…
Read MorePatents Are Similar to Stock Options
Patents are similar to out-of-the-money stock options. Patents are an inherently risky investment and have lots of similarities to options trading. This is because they have value only when the market comes to them. At the time you purchase an option – and at the time you create a patent – you must place a…
Read MorePatents are Similar to Stock Market Options
Patents are an inherently risky investment and have lots of similarities to options trading. This is because they have value only when the market comes to them. At the time you purchase an option – and at the time you create a patent – you must place a bet on where the market will go.…
Read MoreActor Analysis for Patent Infringement
Due Diligence for Patent[1]s – Actor Analysis[2] tells who is the likely infringer. Actor analysis is often overlooked when valuing inventions for patenting, or for valuing patent[3][4]s once they are issued. With actor analysis, we want to know who is the actual actor that infringes the invention. This analysis often identifies patents that you would…
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