QUESTION
I'm being told that I'm infriging on a patent to search content within my own site.
Asked on Feb 04th, 2014 on Patents - California
More details to this question:
I don't understand patent law nor do I understand the nonsensical text in any of these patents. They seem so vague and more than that it seems unfair that someone could patent the ability to search 'original content' from any one site. Could someone please read these patents and tell me if searching screenplays, which are posted by my members as their private content, which we store on the site I built from scratch, infringes on this persons patent as they claim. This sounds like it would be unfair. Patent numbers 8,510,154, and 8,630,894. They claim the title speaks for itself "METHOD AND SYSTEM FOR SEARCHING FOR, AND MONITORING ASSESSMENT OF, ORIGINAL CONTENT CREATORS AND THE ORIGINAL CONTENT THEREOF. How could someone control something I built myself with orginal coding? It seems that this patent would be illegal and unfair. Moreover, I feel like they are scam artists trying to get me to pay them some money for nothing, in an area that is not specific to me or what our site does.
1 ANSWER
Intellectual Property Attorney serving Manchester, NH
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Hayes Soloway P.C.
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I can understand your difficulty reading the patent claims. They are convoluted, even for patent claims.
A patent gives you the right to keep anyone else from making/using/selling the claimed matter. There is no requirement that an infringer 'copied' the method/apparatus from the patent owner and independently conceived products can still infringe patents. I note that this patent has a filing date in 2011. It is possible, if you started your site earlier, that you may have rights that pre-date the patent holders rights and even that your prior activity may invalidate the patent.
Otherwise, you need to show you do not infringe or that the patent is invalid. To show you do not infringe, you need to find one element within each of the independent patent claims that is not contained within your site. To invalidate the patent, you need to show that other people have done what he is claiming prior to 2011. Alternatively, you could show that prior to 2011, people were doing exactly what your site is doing, which would necessitate a finding of non-infringement or invalidity.
Patent infringement suits are a mess. It could take a patent attorney a week to analyze all of the information necessary to advise you what your best course of action is.
Good luck,
Todd
Answered on Feb 05th, 2014 at 11:28 AM