Chicago, IL asked in Patents (Intellectual Property) for Minnesota

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?

1 Lawyer Answer
Peter D. Mlynek
Peter D. Mlynek
  • Patents Lawyer
  • Moorestown, NJ

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.

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