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   Author  Topic: New Question on Blocking Patents  (Read 2488 times)
kgf
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New Question on Blocking Patents
« on: Jan 29th, 2007, 6:13am »
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Let's say Inventor 1 invented Product and Inventor 2 invented a new process for using Product to treat cancer.  As I understand it, this means that Inventor 1 can sue Infringer for using Product to treat cancer and Inventor 2 can also sue Infringer for using Product to treat cancer.    
 
Is this correct?  In other words, do both inventors have a right of compensation against Infringer? If so, how does one determine how much each of Inventors 1 and 2 are entitled to receive?
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kgf
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Re: New Question on Blocking Patents
« Reply #1 on: Feb 6th, 2007, 4:00am »
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Does anyone know the answer to this question?  Would really appreciate a response - thanks!
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Isaac
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Posts: 3472
Re: New Question on Blocking Patents
« Reply #2 on: Feb 6th, 2007, 5:44am »
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Simply being the first to invent something doesn't generate rights to sue.   Your question doesn't mention any patents or their claims.
 
It is of possible that an inventive process using an inventive compound could infringe multiple patents.  The royalties available to the patent holders would be determined by what a licensee was willing and able to pay.
« Last Edit: Feb 6th, 2007, 5:44am by Isaac » IP Logged

Isaac
kgf
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Re: New Question on Blocking Patents
« Reply #3 on: Feb 6th, 2007, 8:02am »
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Apolgies for not being clear.  I assumed that, in fact, Product was patented by Inventor 1 and the new process for using Product to treat cancer was patented by Inventor 2.
 
If someone - Infringer - uses Product to treat cancer, it seems that both Inventors 1 and 2 have an infringement claim.  Inventor 2 has such a claim for obvious reasons.  Inventor 1 has such a claim because his product claim encompasses all methods of using the patented Product.
 
Is my understanding correct?  
 
If so, if both Inventors 1 and 2 sue Infringer and the case goes to trial, how does one determine how much of the damages award each of Inventors 1 and 2 are entitled to receive?
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Ding-a-Ling
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Re: New Question on Blocking Patents
« Reply #4 on: Feb 7th, 2007, 12:20pm »
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Hey ... a bell just went off in my head ... Ding-a-Ling!
 
Anyone who tries to address the questions of the OP should carefully consider 35 USC 287(c) ... look for "medical activity" and for infringements related thereto ... I'm not claiming to have it all figured out ... but I am pointing you in a salient direction.
 
My naive awareness in this matter is that some relief is granted to medical doctors who appear to otherwise infringe medical method patents. Medical doctors have a responsibility to their patients with regard to best available practices. The statute I mention appears to allow doctors to use medical methods with diminished fear of infringement. However, the statute does not appear to excuse one to use a patented medical device. So, if my naive awareness holds, a surgeon who learns of a patented method for using a common scalpel may use the method without fear of a lawsuit. But, a surgeon who uses a patented scalpel risks a lawsuit.
 
You like Ding-a-Ling?
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