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[chrisw9000]

I filed for a patent, then one and half years later someone filed for a very similar patent, two years later they recieved thier patent, two years after that I received my patent. Now THEY are suing ME for patent infringment.  (Also one of the plaintiffs in the case was caught on our property looking at containers containing ingredients to our formula after we filed for our patent and before they filed for their patent.) REMEMBER, I FILED A YEAR AND A HALF BEFORE THEM AND THEY ARE SUING ME FOR PATENT INFRINGMENT, WHO HAS THE UPPERHAND IN THE CASE?....

[Wiscagent]

In a patent infringement case, the defendant's attorney normally investigates  (among other things) whether the plaintiff's claims read on your product or process, and whether the plaintiff's patent is valid and enforceable.

By itself, the fact that after you applied for a patent and then the plaintiff applied for a "very similar patent", does not indicate that their patent is not valid.

[bleedingpen]

I filed for a patent, then one and half years later someone filed for a very similar patent, two years later they recieved thier patent, two years after that I received my patent. Now THEY are suing ME for patent infringment.  (Also one of the plaintiffs in the case was caught on our property looking at containers containing ingredients to our formula after we filed for our patent and before they filed for their patent.) REMEMBER, I FILED A YEAR AND A HALF BEFORE THEM AND THEY ARE SUING ME FOR PATENT INFRINGMENT, WHO HAS THE UPPERHAND IN THE CASE?....

If you were selling your product more than one year before their filing date, see Vanmoor Arthur v. Wal-Mart

http://www.ll.georgetown.edu/federal/judicial/fed/opinions/99opinions/99-1190.html

[chrisw9000]

We were selling product for over one year before they ever filied for their patent.