No such thing as an infringer of a pending app.
True...so I guess my question is only relevant if/when the relevant claims are approved.
If you are going to take the wait-and-see approach to notifying an infringer (probably nothing wrong with this from a legal standpoint)
That's the question: is there or isn't there anything wrong with this?
In other areas of patent law, the inventor has a duty to disclose certain things in a timely manner (e.g., other people's input on an invention, prior art, etc.). If the inventor is planning at some point to pursue legal action of some kind against the other party, does the inventor not have a duty to disclose the infringement within a particular period of time? Or, rather, does it simply affect the inventor: in other words, the inventor can wait as long as s/he wants to disclose, but the damages can only go back to X time (whether that's back to the time of disclosure, 2 years prior to the time of disclosure if the patent was published, etc.).
Thanks--I am a novice in these things and getting the nuances right and facts straight is often difficult.