- Brown Belt
- Posts: 962
- Joined: Mon Nov 20, 2006 5:39 pm
- Location: SoCal
If MegaCorp has an in-force patent that you are infringing by manufacturing or selling an infringing product...YES, you can be sued. If you had a patent that MegaCorp was infringing, would you sue? Expect no less from them. If they know you are in R&D, you should expect to get a "cease and desist" order. Generally, MegaCorp would have to prove that you knowingly infringed their patent in order to collect damages...a cease and desist order satisfies that requirement. I'd say you can continue to do your R&D, but you should also begin testing the licensing waters asap with MegaCorp.