|
|
Author |
Topic: Infringement (Read 3660 times) |
|
Joe Thorn
Guest
|
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
|
|
 IP Logged |
|
|
|
JSonnabend
Moderator
Senior Member
Posts: 2251
|
 |
Re: Infringement
« Reply #1 on: Oct 30th, 2007, 10:49am » |
 Quote  Modify
|
The critical question is, can you prove you manufactured the patented product before it was "invented" by the patentee?
- Jeff
|
|
IP Logged |
SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
|
|
|
Joe Thorn
Guest
|
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
|
|
IP Logged |
|
|
|
JSonnabend
Moderator
Senior Member
Posts: 2251
|
|
Re: Infringement
« Reply #3 on: Nov 1st, 2007, 1:07pm » |
Quote Modify
|
That should do it, assuming the application does not claim priority to another application.
- Jeff
|
|
IP Logged |
SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
|
|
|
DJoshEsq
Full Member
Posts: 104
|
|
Re: Infringement
« Reply #4 on: Nov 2nd, 2007, 1:15pm » |
Quote Modify
|
on Nov 1st, 2007, 1:07pm, JSonnabend wrote:That should do it, assuming the application does not claim priority to another application.
- Jeff |
|
Actually, if true, that "does" do it. See 35 U.S.C. 102
|
|
IP Logged |
D. Joshua Smith, Esq.
Registered Patent Attorney
McDonald Hopkins, LLC
Cleveland, OH
216-348-5400
|
|
|
|
|
Forums
Help
Search
Members
Calendar
Login
Register
Reply
Send Topic
Print
Remove