Company A was granted a patent in April of 2020.
I filed a provisional patent application in January of 2021 that did not violate Company A's patent.
Company A applied for and was granted a second patent in September of 2021 with a terminal disclaimer. This patent was essentially the same patent like the one that they were granted in April of 2020, however, the changes that were made would violate my patent if/when granted (with the provisional grant date being enforceable as of January of 2021).
My question is, has this ever happened before, and is their new grant with the terminal disclaimer enforceable against my product even though my patent would not have violated their initial grant.
The grant that was filed in April of 2020 listed their invention as using an actuator with a servo motor, my invention does not require or use a servo motor. The patent that was granted with the terminal disclaimer lists any device that uses a LED light or other light to indicate the target, whereas their initial patent listed devices using a servo motor.
I know it is a minor detail, however, my invention would not have violated the patent that they were granted in April of 2020, but does violate their patent that was granted with a terminal disclaimer in September of 2021.