The Intellectual Property Law Server

Welcome, Guest. Please Login or Register.
Dec 9th, 2019, 10:08am

Forums Forums Help Help Search Search Members Members Calendar Calendar Login Login Register Register
   Intellectual Property Forums
  
  
Patent Infringement
(Moderators: Forum Admin, JimIvey, JSonnabend)
   patent law suit
« Previous topic | Next topic »
Pages: 1  Reply Reply Send Topic Send Topic Print Print
   Author  Topic: patent law suit  (Read 708 times)
crackeur
Newbie
*




   


Posts: 17
patent law suit
« on: Jul 1st, 2007, 9:21pm »
Quote Quote Modify Modify

Some one is having products that the pending patent coves. When can the patent holder sue? After patent grant..  
what is doctrine of laches? how many years do I have to sue?
IP Logged
JimIvey
Moderator
Senior Member
*****




  jamesdivey  
WWW

Posts: 2584
Re: patent law suit
« Reply #1 on: Jul 1st, 2007, 10:06pm »
Quote Quote Modify Modify

You have no right to exclude others until your patent issues.  However, if the published claims are substantially the same as the issued claims, you can get damages (compensation) for infringement after publication and before issuance if the infringer is put on actual notice.  Actual notice means they have to know about your published application.  Someone (most likely you) will have to send them a copy of your published application and a note putting them on actual notice.  I've never done one of those letters, so I'm not sure exactly what's required to put someone on actual notice.
 
Laches is 6 years, I believe.  But I don't believe it works like normal laches where you can't sue at all if you don't sue by a particular time.  I think you can always sue but are limited to damages for infringing activity in the most recent 6 years.
 
Regards.
IP Logged

--
James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
JSonnabend
Moderator
Senior Member
*****




   
Email

Posts: 2251
Re: patent law suit
« Reply #2 on: Jul 2nd, 2007, 9:31am »
Quote Quote Modify Modify

Jim, you're confusing the six year limitation on damages under 35 U.S.C. 286 with laches, which is an equitable doctrine.  Laches can operate to deprive a claimant of all relief, based on the principals of equity, while the six year limitation on damages is just that, and it's set statutorily.
 
- Jeff
IP Logged

SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
JimIvey
Moderator
Senior Member
*****




  jamesdivey  
WWW

Posts: 2584
Re: patent law suit
« Reply #3 on: Jul 2nd, 2007, 3:25pm »
Quote Quote Modify Modify

Yeah, you're right.  I thought of that after I clicked "Post" but had already navigated away, forgeting into which forum that was posted.
 
Thanks for the correction.
IP Logged

--
James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
Pages: 1  Reply Reply Send Topic Send Topic Print Print

« Previous topic | Next topic »
Powered by YaBB 1 Gold - SP 1.3.2!
Forum software copyright 2000-2004 Yet another Bulletin Board