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Topic: New engine in a car? (Read 657 times) |
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anotherinventors
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If I come up with a new engine, and this engine is used only in cars, why should I have claims to the engine, and another independent claims to the engine in the car?
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JimIvey
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Re: New engine in a car?
« Reply #1 on: Jul 6th, 2007, 8:49am » |
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Why shouldn't you?
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James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
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Isaac
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Re: New engine in a car?
« Reply #2 on: Jul 6th, 2007, 9:46am » |
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on Jul 6th, 2007, 8:07am, anotherinventors wrote:| If I come up with a new engine, and this engine is used only in cars, why should I have claims to the engine, and another independent claims to the engine in the car? |
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The narrow claims might allow pursuing an engine manufacturer or seller who never makes the car under a direct infringement stragegy, while the car claims might allow you to receive greater damages if they are infringed by selling of a car.
Besides all of that, how do you know ahead of time that your new engine won't get used on a some vehicle that is at least arguably not a car (like a tractor or a semi)?
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Isaac
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JimIvey
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Re: New engine in a car?
« Reply #3 on: Jul 6th, 2007, 8:29pm » |
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on Jul 6th, 2007, 9:46am, Isaac wrote:| The narrow claims might allow pursuing an engine manufacturer or seller who never makes the car under a direct infringement stragegy, while the car claims might allow you to receive greater damages if they are infringed by selling of a car. |
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It's been a while since I visited that issue. I used to do that for computer parts -- claim the part, then claim the computer including the part. I never went so far as to claim an enterprise presence, including one or more buildings, office furniture and telecommunications equipment for each of one or more offices in the buildings, and computer equipment -- some of which are operatively coupled to the telecommunications equipment and including at least one computer that includes the novel non-obvious part. Of course, you'd want to include a dependent claim: wherein the enterprise presence includes a pension fund. Gotta go where the money is....
But I vaguely recall that approach being somewhat rebuked (or at least throttled down) somewhere. Anyone know anything about that?
Regards.
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James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
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