3

In reference to the patent: US20140207087

US 20130180449 A1 precedes this claimed patent and is a direct copy of my original design. What steps are available to me to discredit this patent filing?

Here is a link to our original patent: -

https://www.google.co.uk/patents/US20130180449?dq=US-2013-0180449-A1&hl=en&sa=X&ei=ezziVKSLFKnU7AbhzYCADA&ved=0CCIQ6AEwAA

The picture attached is the same booth (Opus 4 - our booth) manufactured here in the UK to my original drawings and protected by patent US 20130180449. Drawings were issued to Norvell so they could manufacture under license. They have made certain modifications by adding a peristaltic fluid pump (known technology) and Turbine Blower (known technology) to generate fluid deliver and air flow to the spray nozzle but the mechanics and areas protected by our patent are identical and therefore infringe.

Norvell in full knowledge of our patent have also failed to include our patent in their Citation reference.

What is our next step in removing this Norvell patent and taking action to recover any costs that may have resulted in additional sales that we are now aware of outside the terms of ourOpus 4 Automatic Spray Tan Booth manufacturing agreement?

  • Has anyone ever tried using a DMCA takedown notice on a patent Application, for copyright infringement ? – arober11 Mar 19 '15 at 13:51
  • You have to swear under penalty of perjury that the you have a "good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law". Before signing anything under penalty of perjury saying that the USPTO's publication of a patent application is not authorized by the law, I'd want to have a very long conversation with a lawyer who specializes in both patent and copyright law. And even then I'd be reluctant to do it. Granted, "good faith" has been interpreted in a way friendly to copyright holders, but this might be too far. – Gary S Mar 22 '15 at 18:07
2

First of all both are patent applications and not granted Patent. So there is no question of infringement for now.

if you feel that inventive concept they are claiming was disclose and obvious over your application you can file third party submission in WIPO. already answered

It will be more helpful if you include some more references based on their claim (i.e. pperistaltic fluid pump).

Keep in mind of publication dates.

|improve this answer|||||
0

Cheers mate, I think you would be interested in looking into patent# US 6443164, specifically claims 10 and 11.

It seems the fundamental basis for this Norvell patent is the peristaltic pump. However that should be considered prior art as it was already patented for use in a sunless booth a decade prior to this patent (the Sunless Express by ETS, Inc)

Seems like this particular patent is worthless and unprosecutable.

|improve this answer|||||

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.