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Topic: Infringement (Read 3659 times) |
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Joe Thorn
Guest
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Recieved letter from my competitors attorney stating my competitor had received a patent in 2006 for a very similar item that I manufacture. Their attorney says I should pay them liscencing and royalty fees. I manufactured my item prior to them and can prove it. Any thoughts on how to proceed? Thanks Joe
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JSonnabend
Moderator
Senior Member
Posts: 2251
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Re: Infringement
« Reply #1 on: Oct 30th, 2007, 10:49am » |
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The critical question is, can you prove you manufactured the patented product before it was "invented" by the patentee?
- Jeff
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IP Logged |
SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
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Joe Thorn
Guest
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I can only prove that I manufactured and sold the item TWO YEARS before their patent APPLICATION date. When they sold their first item is not known to me. Thanks Joe
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IP Logged |
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JSonnabend
Moderator
Senior Member
Posts: 2251
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Re: Infringement
« Reply #3 on: Nov 1st, 2007, 1:07pm » |
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That should do it, assuming the application does not claim priority to another application.
- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
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DJoshEsq
Full Member
Posts: 104
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Re: Infringement
« Reply #4 on: Nov 2nd, 2007, 1:15pm » |
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on Nov 1st, 2007, 1:07pm, JSonnabend wrote:That should do it, assuming the application does not claim priority to another application.
- Jeff |
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Actually, if true, that "does" do it. See 35 U.S.C. 102
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IP Logged |
D. Joshua Smith, Esq.
Registered Patent Attorney
McDonald Hopkins, LLC
Cleveland, OH
216-348-5400
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