Re: Question regarding patent violation.
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Posted by M. Arthur Auslander on July 30, 2003 at 02:56:42:
In Reply to: Question regarding patent violation. posted by CS on July 28, 2003 at 09:39:03:
: Consider the following situation.
: Let's say Bob starts manufacturing and selling some product, call it X. Bob has a whole warehouse filled with X's. But, there is a patent on X. The owner of the patent sues Bob, and wins, Bob is guilty of infrigement.
: My question is, what is going to happen to all the X's Bob has made in his warehouse? Will they automatically go to the owner of the patent (if the patent owner wants them)? Does the law dictate what will happen to all the surplus X's in such a case? Dear CS,
There are seldom absolutes in the law. There are innumberable scenarios for what you have said. It dependsa on the court and the parties. That starts with a permutation and combination of three. M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law Since 1909
3008 Johnson Ave., New York, NY 10463
7185430266, aus@auslander.com
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