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O'Connell Law Office

2 case appearances — 0 as plaintiff counsel · 2 as defendant counsel.

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Further reading

Bilski v. Kappos (2010)
Machine-or-transformation isn't the only § 101 test, business-method patents survived as a category, and the specific Bilski hedging method was unpatentable. The trio of Bilski, Mayo, and Alice gave defendants the modern § 101 motion.
How patent trolls operate (and why the business model works)
A junk patent generates settlement income exactly the same way as a strong one, because nobody pays $1M to test a $200k demand. The mechanics matter because the failure modes — what makes assertion campaigns expensive or risky for the troll — are exactly where defendants find leverage.
KSR International v. Teleflex (2007)
Pre-KSR, an obviousness rejection required explicit teaching, suggestion, or motivation in the prior art. Post-KSR, common sense, design needs, and predictable variations all do the work — and most patents don't survive.
What is a patent troll?
Patent trolls are companies whose business is suing other companies. They make nothing, sell nothing, and add nothing — they collect old patents and use them to extract settlements from companies that actually do things.
How to obtain a patent
The USPTO process takes 2-3 years and costs $10,000-$15,000. The patent that comes out the other end is only as valuable as your willingness to spend much more enforcing it.