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George White
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Besides inexpensively going after many end users as EricS answers, another approach is to look for suppliers of the (non-infringing basic product) who promote the use of it in an infringing process. They might do so by advertising, application notes or consulting with end users.

The manufacturer or distributor isn’t performing the method steps, so no direct infringement, but if it is actively facilitating and encouraging others to perform those steps, this is indirect infringement.

35 U.S. Code § 271 - Infringement of patent (a) Except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented invention during the term of the patent therefor, infringes the patent.

(b) Whoever actively induces infringement of a patent shall be liable as an infringer.

At least one actual userentity must be shown to be directly infringing or no one canindirect infringement can’t be indirectly infringing but noestablished. But the patent owner does not need to sue any direct infringer needs to gone after for damages, just prove that at least one exists.

Besides inexpensively going after many end users as EricS answers, another approach is to look for suppliers of the (non-infringing basic product) who promote the use of it in an infringing process. They might do so by advertising, application notes or consulting with end users.

The manufacturer or distributor isn’t performing the method steps, so no direct infringement, but if it is actively facilitating and encouraging others to perform those steps, this is indirect infringement.

35 U.S. Code § 271 - Infringement of patent (a) Except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented invention during the term of the patent therefor, infringes the patent.

(b) Whoever actively induces infringement of a patent shall be liable as an infringer.

At least one actual user must be shown to be directly infringing or no one can be indirectly infringing but no direct infringer needs to gone after for damages.

Besides inexpensively going after many end users as EricS answers, another approach is to look for suppliers of the (non-infringing basic product) who promote the use of it in an infringing process. They might do so by advertising, application notes or consulting with end users.

The manufacturer or distributor isn’t performing the method steps, so no direct infringement, but if it is actively facilitating and encouraging others to perform those steps, this is indirect infringement.

35 U.S. Code § 271 - Infringement of patent (a) Except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented invention during the term of the patent therefor, infringes the patent.

(b) Whoever actively induces infringement of a patent shall be liable as an infringer.

At least one actual entity must be shown to be directly infringing or indirect infringement can’t be established. But the patent owner does not need to sue any direct infringer, just prove that at least one exists.

Source Link
George White
  • 30.7k
  • 3
  • 23
  • 57

Besides inexpensively going after many end users as EricS answers, another approach is to look for suppliers of the (non-infringing basic product) who promote the use of it in an infringing process. They might do so by advertising, application notes or consulting with end users.

The manufacturer or distributor isn’t performing the method steps, so no direct infringement, but if it is actively facilitating and encouraging others to perform those steps, this is indirect infringement.

35 U.S. Code § 271 - Infringement of patent (a) Except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented invention during the term of the patent therefor, infringes the patent.

(b) Whoever actively induces infringement of a patent shall be liable as an infringer.

At least one actual user must be shown to be directly infringing or no one can be indirectly infringing but no direct infringer needs to gone after for damages.