Definition - "Patent Troll"

"PATENT TROLL" - Any party that intentionally misconstrues the claims of their patent to assert it against another. A patent troll does not have to be a non-practicing entity (NPE) or in any particular industry, all that is required is an intentional misconstruing of the claims in an attempt to extort money from another.

Disclaimer



Disclaimer - All information and postings in this blog are provided for educational purposes only. Nothing in this blog constitutes legal advice and you should not rely on any information herein as such. If you do not have a signed engagement agreement with me, then you are not represented by me and you should retain your own attorney for any legal issues you are having.

Friday, May 20, 2011

For some good claim analysis see...

 igoeIP has some great analysis of possible claim interpretations.

Although I have not posted my review yet, I agree with the questions and issues raised by Mr. Igoe.  I have reviewed the application and claims.  But, I still have yet to review the file history or any other litigation documents that might be relevant from Lodsys's other litigation.  Those are the fun-fun readings for this weekend.

In my preliminary findings, I find it hard to see how Lodsys's patents cover in-app purchases.  I just don't see how an in-app upgrade or an in-app purchase could be a "user perception" as used in the patents.

-USPA
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