INFRINGING THE PATENTS !!

[Timothyalexandar1]

Hello every body! can someone answer my questions below:

What if there is a company A located in US that has a software patent or a business method patent for something, say creating some kind of software product.

There is also company B that is located e.g. in Asia or Europe, which is using similar method to create similar kind of software.

1) Can company A sue the B company in any way for infringing  their patent?

2) If there is a company C, also located in US, which is purchasing the final product from the non-US company B
who used similar or the same business method to create the product as the A company - can that C company be sued by A company for purchasing/using a product that comes from B that created their product in another country but in a way infringes A's patent?

Thnx in advance for a reply:)

[bartmans]

On the proviso that the product obtained by the method of B or the method of B itself is protected by the US patent of company A the answers would be:
a) no, unless company A has a similar patent right in the country where B produces, or if B imports the product for sale into the USA
b) yes

[Jim_W]

1) Similar? How similar? Probably no, but it would depend. edit: yes, it would naturally require that there be infringement under the jurisdiction of a court where there is a patent.
2) Yes and the products can be excluded from entering the country as well.

[Forrest Gump]

There are three issues here:

First, what is "similar?"  The entire issue hinges on this.  Does it perform the method or doesn't it?


Second, who is performing the method that is patented?  If it is a method of creating a software product, then a company could conceivably create the product in China (where you don't have patent protection) and then ship it into the U.S. without infringing.  The infringement occurs at the step of creation; neither the software itself nor any method performed by the software during use is protected.  Thus the patented invention in not made, used, sold, or offered for sale in the U.S. = no infringement.

Alternatively, if the method is performed by the software during operation, then it would be infringement of the patent to offer to sell the software in the U.S., to create the software in the U.S., OR even to use the software in the U.S.


Third, don't ask for legal advice over the internet.

[Isaac]

Second, who is performing the method that is patented?  If it is a method of creating a software product, then a company could conceivably create the product in China (where you don't have patent protection) and then ship it into the U.S. without infringing.

There might be infringement under 35 USC 271(g) under these facts.   35 USC 271(g) covers the importing of products made overseas by an infringing process.  Too complicated to answer in this case.

Also "software patents" may have product claims.   You need to analyze infringement for those too.