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   Patent Pending Infringement
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   Author  Topic: Patent Pending Infringement  (Read 3262 times)
patent_type
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Re: Patent Pending Infringement
« Reply #15 on: Sep 17th, 2007, 10:42pm »
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on Sep 11th, 2007, 3:05pm, stcrim wrote:
I wonder if the wise recipient of the patent Pending letters wouldn't be those websites owners?
 
I wonder if that could come back to bite us by being some disruption of the infringers business by contacting their clients?

 
You might want to fill a patent attorney in on the explicit details here--off-line of course.  If you send a letter to the customers with the intent of damaging or getting the "company" to stop infringing, and the patent does not issue with the claims you would have liked, there remains the possibility that the "company" could sue you for tortious interference with business relationship or tortious interference with contract.  
 
Yes, you may be perfectly well within your right to send the letters to the customers, but you better be dead-to-rights sure that their current product/process would infringe your claims if they issue as published.
 
Get a patent attorney off-line.  That $500 to write one letter to the "company" looks rather cheap in comparison to the investigation of and letter writing to the customers.
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JSonnabend
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Re: Patent Pending Infringement
« Reply #16 on: Sep 19th, 2007, 7:53am »
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I am presently involved with two cases that concern "letter writing campaigns" by upset patent holders.  I'll echo the previous poster's warning.
 
- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
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JSonnabend@SonnabendLaw.com
DJoshEsq
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Re: Patent Pending Infringement
« Reply #17 on: Sep 24th, 2007, 8:21am »
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For the most part, it appears as if you are getting some good advice.  $500.00 to send a letter to a competitor that may be practicing what is claimed in your publicaiton is fair, as long as the attorney is experienced in patent litigation.  As mentioned, since the application is only a publication, the letter needs to make that known, but may also mention that damages may be accrued from time of publication.  Certified mail is recommended.
 
I would also most likely suggest sending that letter to each and every person that infringes the claims as published.  Without actual notice, you will not be able to collect damages from that party from the time of publication.  However, as others mentioned, with every notice letter there are always business concerns - e.g. if the person is a current or potential customer.
 
There are other strategies that can be examined depending on the potential damages involved.  For example, you could file a continuation application with a large number of claims that read specifically on what these customers are doing...hopefully tailoring some claims narrowly enough that they issue substantiall similar to the publication.  Better yet, you can take advantage of the new Accelerated Examination practice - that may have the case allowed within 12 months.  An experienced patent attorney should be able to help you with this.
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D. Joshua Smith, Esq.
Registered Patent Attorney
McDonald Hopkins, LLC
Cleveland, OH
216-348-5400
Wiscagent
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Re: Patent Pending Infringement
« Reply #18 on: Sep 24th, 2007, 8:54am »
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"... you can take advantage of the new Accelerated Examination practice - that may have the case allowed within 12 months ..."
 
That may only be allowed when the application is first filed.
 
Alternatively, if there is evidence that the claim is being “infringed”, you can petition the commissioner to make the application “special” and move it up to the top of the heap.
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Richard Tanzer
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Re: Patent Pending Infringement
« Reply #19 on: Sep 24th, 2007, 9:09am »
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on Sep 24th, 2007, 8:54am, Wiscagent wrote:
"... you can take advantage of the new Accelerated Examination practice - that may have the case allowed within 12 months ..."
 
That may only be allowed when the application is first filed.
 
Alternatively, if there is evidence that the claim is being “infringed”, you can petition the commissioner to make the application “special” and move it up to the top of the heap.

 
Thank you for clarifying - I thought it was clear that I said you can take advantage of the accelerated examination for the continuation - not for the current pending case.  As you mentioned, you can take advantage of the petition to make special as well.
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D. Joshua Smith, Esq.
Registered Patent Attorney
McDonald Hopkins, LLC
Cleveland, OH
216-348-5400
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