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Re: Re: Re: Protecting patent[ Follow Ups ] [ Post Followup ] [ Patent Forum ] [ FAQ ] Posted by X on July 28, 2003 at 03:58:27: In Reply to: Re: Re: Protecting patent posted by HG on July 25, 2003 at 07:02:35: HG, A patent can be as broad as the prior art (e.g., other patents and references)will allow. It would be a good idea to get a "non-infringement" and/or "invalidity" opinion from a patent lawyer that would compare your product to the patented product. In particular, an invalidity opinion could determine whether the patent in question is unreasonably broad (e.g., encompasses prior art structures). This is accomplished by trying to find prior art that pre-dates the patent in question. X.
: : HG, : : As far as I know, if a patentee (person receiving a patent grant) chooses not to exercise the right of "excluding others" from making, using, selling or importing the patented article or process into the U.S., it would NOT constitute an abandonment of the option of exercising that right on a later date. : : Having said all of the above, however, there are two equitable defenses to patent infringement available for defendants in cases where the patentee does not (or waits too long) enforce his patent rights. The following is just a general explanation of the defenses. You should consult with your patent attorney for more detailed information that is specific to your situation. : : The laches defense basically provides that if a patentee knew that others were infringing the patent and waited too long to sue for patent infringement, the patentee runs the risk of having damages barred up until the day the patent infringement suit was filed (i.e., patentee looses pre-filing damages). There is a presumption that a 6-year wait is too long. : : The second defense is Equitable estoppel, which requires the patentee to know of a specific infringer that is infringing the patent and then act in a manner that reassures the infringer that the patentee is not going to sue for patent infringement, AND the infringer relies upon the patentee's actions to the infringer's detriment (the infringer would be materially harmed if the patentee is later permitted to assert a claim inconsistent with the patentee's earlier conduct). The patentee's damages are barred forever as to that specific defendant. : : I hope this helps, X. : @@@@@@@@@@@@@@@@@@@@2
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