• Paul Peter Nicolai

Patent Invalidity Means No Infringement

A defendant was able to get a patent infringement case dismissed because the patent the plaintiff was saying was infringed was not drawn to patent-eligible subject matter. The court found the claims in the patent described the abstract idea of emulating the features of a smartphone or other handheld device on another screen without describing a particular way of performing that function. Because the patent did not disclose how the claims solve the identified problem and contained no inventive concept that could transform the abstract idea into patent eligible subject matter, it was not valid

WHY THIS IS IMPORTANT…In order to be the subject of an infringement action, a patent has to be eligible for protection. Invalidity of the patent is a defense in an infringement action. Every patent infringement case tests the patent’s validity.

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