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[LBCIPlawyer]

Does anyone know whether renting an infringing product qualifies as making, using, offering for sale, or selling for patent infringement purposes? May seem straightforward, but not sure.

[JimIvey]

I would imagine renting is in the same category as buying -- in and of itself not infringement.  However, few buy or rent anything without using it, and using is an act of infringement.

Regards.

[LBCIPlawyer]

What about the party offering the infringing rental? Qualifies as "sale"? It's like a limited sale, can't imagine they can get away with making profits off of infringing rentals. Thoughts?

[MYK]

Qualifies as "using", since they are using the item that they are renting out to make a buck.

[LBCIPlawyer]

We do not want to sue the mfg for strategic reasons.

[JimIvey]

I'm not aware of an existing authority on the topic, but I'd bet that leasing/renting out a patented product is an act of selling.  In addition, renting out is most likely some sort of indirect infringement -- either contributory infringement or even inducement of infringement.  You'd be able to find liability, assuming the product/service in question infringes.

Regards.