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Patent Infringement / Question re: contributory infringement of method claims
« on: 05-04-11 at 11:47 am »
Party A files application for an apparatus with a specific feature and method of using the same.
Party B copies the new feature and sells 10s of thousands of the infringing product to Customer C.
Party A's patent issues and is literally infringed by Party B's apparatus and method for using the same.
Party B removes the claimed feature from the product so as to limit any damages of the apparatus claims.
However, Customer C is now infringing the method claims when or if this specific feature is employed.
Can this result in contributory liability for Party B given that the sale of the apparatus that leads to the infringement occurred prior to the issuance of the patent? Or is liability limited to Customer C?
Party B copies the new feature and sells 10s of thousands of the infringing product to Customer C.
Party A's patent issues and is literally infringed by Party B's apparatus and method for using the same.
Party B removes the claimed feature from the product so as to limit any damages of the apparatus claims.
However, Customer C is now infringing the method claims when or if this specific feature is employed.
Can this result in contributory liability for Party B given that the sale of the apparatus that leads to the infringement occurred prior to the issuance of the patent? Or is liability limited to Customer C?

