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   Can verifying patent claims contitute infringement
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   Author  Topic: Can verifying patent claims contitute infringement  (Read 1085 times)
Isaac
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Posts: 3472
Re: Can verifying patent claims contitute infringe
« Reply #5 on: Oct 3rd, 2007, 7:06am »
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on Oct 2nd, 2007, 8:42pm, Wiscagent wrote:
- patent laws don't apply to the states;

 
More precisely, the patent laws apply to the states, but you cannot sue a state for patent infringement in federal court unless the state waives its immunity.  You cannot sue for patent infringement in state court.   Often there is simply no forum to sue a state.
 
Quote:
- the (narrow) research exception applies;

 
The research exception is extremely narrow.   See the 2002 CAFC case in which Duke University attempted unsuccessfully to invoke the research exception.  The activity A person with an economic interest in the result most likely fall outside of the research exception.  
   
Quote:
- you've been selling the product since a year before the patent was applied for

 
I think the exception you are describing is only for patents drawn to methods of doing business.
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Isaac
Wiscagent
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Re: Can verifying patent claims contitute infringe
« Reply #6 on: Oct 3rd, 2007, 10:09am »
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Isaac -
 
Please pardon the lack of precision in my earlier post.  The main point I was trying to convey is that simply because someone practices someone else's patent doesn't mean that the "infringer"  is likely to be sued; and there are both legal reasons and practical business reasons why not.
 
By the way ... if a process patent isn't a "business method" patent, why would the applicant have applied for the patent in the first place?
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Richard Tanzer
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Isaac
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Re: Can verifying patent claims contitute infringe
« Reply #7 on: Oct 3rd, 2007, 12:12pm »
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on Oct 3rd, 2007, 10:09am, Wiscagent wrote:
By the way ... if a process patent isn't a "business method" patent, why would the applicant have applied for the patent in the first place?

 
Good question.  I wonder if there have been any court cases that cast light on what a 'method of doing business' really is.   About all I'd be willing to say about it is that whatever method was claimed in State Street is probably subject to the exception.
 
 
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Isaac
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