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Patent Infringement
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   While Patent Is Pending Can Product Be Infringed
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   Author  Topic: While Patent Is Pending Can Product Be Infringed  (Read 453 times)
lemonbar
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Posts: 32
While Patent Is Pending Can Product Be Infringed
« on: Oct 1st, 2007, 8:16pm »
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A - If a company X has a patent somewhere in Europe and a patent pending in US then can company Y copy their product and sell it in the US only while the patent is pending?
 
B - Can't company X go after company Y for all sales while patent was pending?
 
C - If the product showed Patent Pending then isnt that a solid warning that they better not copy it?
 
D - If they can't then how is this really fair to company X that created it?
 
E - If a suit is won in any infringment case what usually happens as far as how the damages and amount owed get totaled? All the money made in total sales? How much the original company lost since they didn't sell it at their higher price? etc, etc.
 
Thanks
IP Logged
patent_type
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Posts: 81
Re: While Patent Is Pending Can Product Be Infring
« Reply #1 on: Oct 2nd, 2007, 4:24pm »
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A--yes
 
B--only after the patent issues and if it issues with claims substantially similar to the claims published in the published application, then you have an argument to get damages for sales after publication of the application.  But I think that company X has to provide company Y notice of the pending application (ain't sure, but somebody else can fill us in on that step)
 
C--no
 
D--life's fair?  If Company X fails to get a patent, how is that fair to Company Y to allow Company X to tie up that technology that is not patentable?
 
E--either reasonable royalty or lost profits, but not both, depends on what the litigation attorneys want to pursue.  If the facts are right, then they could also get damages for convoyed sales, costs, treble damages, interest, permanent injunction, attorneys fees, the first born (if under age 14) of the president of the infringing company, and any gold teeth flashed during trial.
« Last Edit: Oct 2nd, 2007, 4:26pm by patent_type » IP Logged
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