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Damages from a newly granted patent?

Postby rougie » Sat Mar 29, 2008 4:16 pm

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Hello,

Suppose my patent has been patent pending for 6 months but gets publicized today. It gets granted say 2 years from today.

The invention claimed in the patent has never been sold or commercialized.

Can a mega Corp sue me for infringement issues and claim for damages from the day the patent was publicized to the day that my patent was granted?

All feedback is appreciated!

Regards
Rob

Postby Work2XL » Sat Mar 29, 2008 7:08 pm

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I'm not an expert on this buy my understanding is that you have to be notified you that they feel your are infringing. I believe they also have to get a court order telling you to stop. (I could be wrong) but from THAT date on they can collect damages for money made after that date IF they win the suit.

There are others here who are MUCH more knowledgeable than I who can weigh in to tell me how wrong I am.

Randy

Postby Scrupulous » Sun Mar 30, 2008 4:59 pm

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If the product isn't being made then you're not doing anything illegal.

The situation of infringement in the document itself is legitimate (legal).

Postby Road Show » Sun Mar 30, 2008 5:56 pm

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No product = No infringement.

Postby Scrupulous » Sun Mar 30, 2008 6:27 pm

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Bingo!

Postby rougie » Sun Mar 30, 2008 10:20 pm

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Hello, and thanks for your response.

The product is all too real and in R&D stage !

But even if I haven't made a dime on this invention can MegaCorp sue me for damages?

Please get back!
Rob

Postby rougie » Sun Mar 30, 2008 10:21 pm

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Hello, and thanks for your response.

The product is all too real and in R&D stage !

But even if I haven't made a dime on this invention can MegaCorp sue me for damages?

Please get back!
Rob

Postby Road Show » Mon Mar 31, 2008 3:37 am

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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.

Postby rougie » Mon Mar 31, 2008 9:36 am

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Hello RoadShow,

But you see, that's the thing, I am not 100% sure that I am infringing on their patent. And if I get a cease and desist letter, I believe that I should respond with an infringement opinion letter. Isn't that what would be best to do?

With regards
Rob

Postby Road Show » Mon Mar 31, 2008 10:47 am

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Wisdom is not always about who's right and who's wrong; as you know, you can win the battle and lose the war. My advice is for you to know beyond a doubt that you are not infringing...with the advice of a good litigator...and then approach Mega Corp or one of their competitors with a proposal to commercialize your product.
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