Q: Do the claims under this patent appear to be too abstract to justify validity?
I'm trying to determine if a new invention will pose risk for infringement. The claims under this patent seem very abstract in nature, thus preventing anyone from designing an application that retrieves general fishing related-data from users, processing it and then providing results based on said data. However, there's an abundance of applications on the market that perform these general methods using the same type of data listed under the claims. Would doing so without licensing present an infringement issue?
A:
You really need to contact a patent attorney to help you. The patent attorney should be able to tell you whether your company's product (or service) infringes of that patent or not.
If it looks like that your product infringes on the patent, then you have several options. You could license it from the patent owner. Or you could redesign your product. Or you could do what you are proposing, and get a legal opinion written that shows that the patent would find the patent invalid.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.