Q: Would I be breaching this patent if I had a gift bag with a pocket inside to hold a card, that was NOT transparent.
Patent: 20090074331
20090074331
Title: Gift Bag Assemblies with Selectable Complementary Components and Related Retail Display
A:
You are going to like this answer. The patent number you provided -- 20090074331 is not an issued patent. It is a published patent application -- it shows what they hoped to patent. Per Google, this particular patent application did not result in a patent and was abandoned.
https://patents.google.com/patent/US20090074331
My slides on patent searching http://bit.ly/Patent_Searching will teach you how to look at USPTO Public PAIR to see what happened to this application in detail. Presumably, the patent examiner said the claims were too broad or not inventive.
You should do some looking to make sure that they did not file a second application to seek protection of slightly different claims.
If you found this answer helpful, you may want to look at my answers to other questions about patent law are available at the bottom of my profile page at
https://lawyers.justia.com/lawyer/kevin-e-flynn-880338
Kevin E Flynn
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