The Intellectual Property Law Server

Welcome, Guest. Please Login or Register.
Aug 25th, 2019, 9:43pm

Forums Forums Help Help Search Search Members Members Calendar Calendar Login Login Register Register
   Intellectual Property Forums
  
  
Patent Infringement
(Moderators: Forum Admin, JimIvey, JSonnabend)
   Need help with this!!
« Previous topic | Next topic »
Pages: 1  Reply Reply Send Topic Send Topic Print Print
   Author  Topic: Need help with this!!  (Read 395 times)
prst
Guest
Need help with this!!
« on: Jul 23rd, 2007, 1:06am »
Quote Quote Modify Modify Remove Remove

Ours is a small company located outside the US. We are preparing to market our product in the US. Our product is derived from plants and our competitor's (Call him A) product is already in the US market.
 
Further facts of the case are summarized follows:
 
A's patented (patented in the US) product X has been substantially purified from its natural form.
 
Our product Y is not so pure in that it contains additional compounds originally present in its natural form
 
Our company has a patent (US patent) for the process of preparing Y.  
 
The patents of A and that of ours are in force.  
 
If we are faced with an infringement suit from A, on marketing our product, could we have a defense in that we sell a product prepared by a different process and that its composition is different from that of the product claimed in A's patent?  
 
We have already hired an attorney, but would greatly appreciate if anyone here could provide some useful insights
   
Regards
 
IP Logged
JSonnabend
Moderator
Senior Member
*****




   
Email

Posts: 2251
Re: Need help with this!!
« Reply #1 on: Jul 23rd, 2007, 8:01am »
Quote Quote Modify Modify

If you've already hired an attorney and you may end up in litigation or at least serious cross-licensing negotiations, you'd be foolish to post any discussion here publicly.  
 
I'm curious, is there any reason you haven't asked these same questions of your attorney?  
 
- Jeff
IP Logged

SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.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