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Thompson Technology Law

1 case appearance — 0 as plaintiff counsel · 1 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.
Mayo Collaborative Services v. Prometheus Laboratories (2012)
The two-step framework defendants now recite from memory comes from Mayo, not Alice. Mayo is the often-overlooked but doctrinally essential ancestor of every modern § 101 motion.
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.
How to read a patent claim
A patent has a 50-page specification, a fancy abstract, and a row of figures. Lawyers and courts look at none of that. They look at the claims.
The America Invents Act (2011)
The AIA was the structural reform that gave defendants modern tools — IPR, broader prior art, joinder limits. The unfinished work is cost: AIA didn't make defense free, it made defense possible.