Intellectual Property Forums (

(Message started by: prst on Jul 23rd, 2007, 1:06am)

Title: Need help with this!!
Post by prst on Jul 23rd, 2007, 1:06am
Ours is a small company located outside the US. We are preparing to market our product in the US. Our product is derived from plants and our competitor's (Call him A) product is already in the US market.

Further facts of the case are summarized follows:

A's patented (patented in the US) product X has been substantially purified from its natural form.

Our product Y is not so pure in that it contains additional compounds originally present in its natural form

Our company has a patent (US patent) for the process of preparing Y.

The patents of A and that of ours are in force.

If we are faced with an infringement suit from A, on marketing our product, could we have a defense in that we sell a product prepared by a different process and that its composition is different from that of the product claimed in A's patent?

We have already hired an attorney, but would greatly appreciate if anyone here could provide some useful insights

Title: Re: Need help with this!!
Post by JSonnabend on Jul 23rd, 2007, 8:01am
If you've already hired an attorney and you may end up in litigation or at least serious cross-licensing negotiations, you'd be foolish to post any discussion here publicly.  

I'm curious, is there any reason you haven't asked these same questions of your attorney?

- Jeff

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