Patent question

Probably not, unless you could prove they knew it was violating your patent.

Again, intent and knowledge.

Perhaps.

An intellectual rights attorney could help you. Generally patents are worthless except to patent trolls, and big business. The small guy is simply out-gunned in the court system.

Generally you must go after the infringing party. Not their customer. Going after the customer is likely to not be very productive as you'd have to sue each one to get anything, and what you'd get would be less than the cost of the action. Therefore: you are screwed!

ion

You didn't state what kind of patent. United States Patents, International Patents, etc.and assume patent was 'properly' secured.

Last advise our firm got regarding enforcing a patent was 'easiest to enforce in US, Canada, ok in EU, and somewhat in South America. The rest of the world?Not so easy.' and be ready to spend up front at least $50k to $100k with more to follow just to do battle and still not gain much.

See Peter's and Robert's comments.

_Legally_ you can block the importation of the gizmo. _Practically_, you have to do this by going after each and every importer.

Hence, their comments.

Here in the U.S., at least, importing a device which uses or incorporates a non-licenced invention that is patented in the U.S, does qualify as "infringement" of the U.S. patent. Similar laws apply in many other countries.

The patent holder can sue the importing company in Federal court, and can also apply to the International Trade Commission for injunctive relief (i.e. an order which forbids importation of the infringing product into the U.S.).

Battles of this sort have been taking place recently with regard to smartphones and tablets, for example.

See U.S. Code Title 35, which defines current U.S. patent law.

In some cases it is possible to have publishers cancel (online) advertisements based on copyright infringement. Its difficult to sell something if you can't use pictures.

That is why you issue "cease and desist" orders. They may not be liable for penalties, but once you tell them, they have to stop or they will be.

Again, tell them to stop and if they continue they will suffer the consequences.

Definitely!

Not true. That is one of the big scare tactics is to go after the customers because they stop buying the product unless the seller indemnifies them. The Chinese firm is just going to dry up and blow away or to try to continue to sell them to new customers. Hitting the middleman is not a bad thing either because they will stop selling the stuff and the Chinese maker can't sell it so well by themselves.

Rick

It gets complicated:

ou

What's worse is that you have told the whole world EXACTLY what you're doing, and now you get to SPEND a lot to protect it. Ah, the old patent vs. trade secret argument.

Also patenting and telling the world all sets you up for 'predatory' patent damages - That's where some bright engineering firm patents the next step(s) around your patent creating walls around you - unless/ until you pay them.

The problem isn't so much the patent, rather the practical defense of the patent. Forcing the importer to stop importing the widget isn't a trivial task. The work has to be redone for each perp.

There is good reason most patents are done for defensive reasons.

Yes, and has to be done for each importer. This isn't a trivial task.

Hardly small companies.

Irrelevant.

I never thought it could be trivial, but I asked because I was curious if there was at least a legal basis to sue parties other than the manufacturer.

Thanks all.

There is some anecdotal evidence that hanging a patent on the east wall of your lab can eliminate or at least significantly minimize walrus attacks.

Some recent double blind research in Nebraska seems to validate this premise.

Otherwise, see

Theoretically, yes. But if the company is bigger than you (almost a certainty) then they can drag you thru the courts for 20 years or until you are penniless, whichever comes first. This has happened numerous times.

BUT...i am being attacked by otters...

You otter know better than to mess with them critters!

You've patented it in China? Hire a law firm and go after them- e-mail if you need a referral. Don't expect a big payoff but you should be able to stop them.

If it's a US patent you might have some luck stopping it at the border, but if it's some kind of internal component and lots of companies are using it, you may not have much luck doing it cost-effectively.

--sp

Don't Baers eat them? You're smarter than the average Baer. Lay off the pikinik baskets.

Otters are bad, they eat all the world's supply of abalone :-( ...Jim Thompson

I guess that is because of the fishy reason that i am still wet behind the ears..

Abalone, Abalone, the prettiest town I've ever seen... ;-)

Buck Owens - Abilene

Women there don't treat you mean in Abilene sweet Abilene

I sat alone most every night watched the trains pull out of sight Don't I wish they were carryin' me back to Abilene my Abilene Abilene oh Abilene... [ steel ] Crowded city there ain't nothing free nothin' in this town for me Wish to the Lord that I could be back in Abilene sweet Abilene Abilene oh Abilene... Women there don't treat you mean in Abilene my Abilene