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Patent Litigation / Provisional Rights - What if infringement stops before the patent issues?
« on: 02-21-12 at 03:07 pm »
Hello All,
Would a patentee be able to recover pre-grant damages under "provisional rights" in the following scenario?
1. Applicant's utility patent application is published.
2. Applicant becomes aware of Company selling Product covered by the published claims.
3. Applicant puts Company on notice of the published application, and informs Company that Applicant will pursue legal action if a patent issues from the published applicaiton.
4. Company continues to sell the Product for a year, then stops before the patent issues.
5. Applicant's patent application eventually issues as a patent and the claims issue as published (without amendment). The patent issues after the Company has stopped selling the infringing Product. At the time of issue, the Company is no longer selling a Product that infringes the claims.
Can the Applicant pursue pre-grant damages against Company gonig back prior to the issue of the patent, if Company stopped the infringing activity prior to the patent issuing?
Any help on this topic would be tremendous. Thank you!
Would a patentee be able to recover pre-grant damages under "provisional rights" in the following scenario?
1. Applicant's utility patent application is published.
2. Applicant becomes aware of Company selling Product covered by the published claims.
3. Applicant puts Company on notice of the published application, and informs Company that Applicant will pursue legal action if a patent issues from the published applicaiton.
4. Company continues to sell the Product for a year, then stops before the patent issues.
5. Applicant's patent application eventually issues as a patent and the claims issue as published (without amendment). The patent issues after the Company has stopped selling the infringing Product. At the time of issue, the Company is no longer selling a Product that infringes the claims.
Can the Applicant pursue pre-grant damages against Company gonig back prior to the issue of the patent, if Company stopped the infringing activity prior to the patent issuing?
Any help on this topic would be tremendous. Thank you!
