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Questions tagged [patent-infringement]

For questions involving the creation, use, sale, import or export of patented items without permission from the patent holder or any person legally entitled to grant a license. Also for questions regarding the legal implications for the patent holder or the infringer. If you are beeing sued or put on notice for patent infringement please note that this can cost A LOT of money, you should consult a patent attorney.

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Which patent claims did George Selden believe Henry Ford violated?

I'm trying to find information for a report analyzing the Ford Vs. Selden case at the turn of the 20th century. I can find a lot of brief case summaries, but I cannot find anything that specifies what ...
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2answers
3k views

General knowledge on how software patent-infringement lawsuits are evaluated

Technically someone has to check the suspected software code, to see if it infringes a specific patent. But What if the suspect claims, that it is his companys own trade secret? are trade secrets in ...
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1answer
481 views

Is it a good idea to avoid software patent issues by simply disallowing americans to use my product?

At least for now... if so, would you recommend it? what are the downsides of it? (other than missing a big market) (Note: seems like bwin.com chose this way (3rd column). It is a huge poker and ...
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0answers
198 views

Does my product infringe on patent 5,344,396?

I have a product that is tubular but looks different and is pieced together to fit in skin tube and secured with a gripper. Used for restoring foreskin, am I infringing on this patent? Has this patent ...
3
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1answer
295 views

Establishing Base and Rate for Infringement Royalties

I have a question about different scenarios while claiming royalties. Hypothetical situation: US Patent #1 was filed in 2002 and granted in 2007. Its priority dates back to 2000 from a US patent ...
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1answer
181 views

Would any 3rd party accessory makers for the new xbox and ps4 be infringing this patent (US20090205878)?

If I were to make a product for the xbox 720 or ps4 (a controller), would I be infringing on this patent (US20090205878) since both new consoles contain touchpads on the controller? Is this patent ...
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3answers
1k views

Bottle Cap Necklace Patent

Even though Bottle Cap Necklaces have a patent, can individuals still make the item and sell it for profit legally? I have a friend who has started her own jewelry business and I would like to buy ...
4
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1answer
109 views

Are there existing patents on electronic (web) Q&A forums?

We want to add Q&A to our product pages, but don't want to get hit with an infringment. Are their any patents that claim to have invented the electronic Q&A forum for posting questions and ...
3
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1answer
133 views

If the the SHIELD Act passes how will it impact the licensing and patent litigation worlds?

The SHIELD Act was reintroduced into Congress recently (this question previously addressed SHIELD), and I'm wondering if every single would be "licensee/defendant" instead of engaging in licensing ...
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1answer
645 views

At what time is a patent enforceable?

I am faced at the moment with a potential US patent that might be enforceable in the future. It is currently undergoing a review process and the outcome is yet undetermined. I would like to know ...
3
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1answer
1k views

Determining if patent is international?

I am currently looking into patent US20110202766. I am new to patent law and I would like to know if the given patent is US-only, or international. How can I find out about where does a given patent ...
3
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1answer
272 views

Does the actual inventor of this item have any means of gaining financial compensation for his stolen design?

Assume an inventor A has no patent, just published proof that he created the Invention. Assume a second individual B copies the Invention and files for a US patent on the Invention. Does A have any ...
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2answers
571 views

Personally liable for patent infringement

Can the director of a one man UK limited company be held personally liable if his product infringes a US software patent? The UK company's software product is sold in the states over the internet.
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1answer
410 views

How to indicate a patent will never be enforced?

For example, the enforcement of patent US4103235 - Two-tone attention signal broadcasting system; From the inventor: Because this patent pertained to public safety, I chose to never enforce it. ...
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1answer
125 views

How do I know if a bidet is covered under a patent?

I have a kitchen and bath website. I was going to sell bidets on it, that I would buy from overseas, but now I'm worried about patents on the designs, since they are all similar. I did a patent search,...
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2answers
475 views

How is the patent 7,844,363 B1 not violating EP 2174251 B1

I saw this patent for Medbox and I was wondering how it doesn't violate EP 2174251 B1 which is for a medicine dispensing machine called Pyxis Medstation. They are similar machines however one ...
2
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1answer
626 views

Finding Patent Pending Application

I am developing a product idea similar to another product on the market, and see that this product has a "patent pending" status. In my research, I see that the competing patent lists: "Patent ...
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0answers
125 views

Adding of new matter in Patent 8,088,480

Patent US8088480 - Spend 10 years in the patent office and the file wrapper is really long. It looks like they have started infringement cases with 2 other companies. I am looking for a little help ...
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3answers
207 views

A entire procedure of a larger method is already patented, it was found during prior-art search

It was found that the method developed by "A" (newer designers) versus "B" (the original designers and holders of a patent) was more complex. I think it falls into the improvement patents category, in ...
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1answer
160 views

Patent questions prior art and for fictional use

I have a question about patents, for fictional use. Is it considered patent infringement if you use something that someone else may have patented in a fictional work? I'm curious as to how far this ...
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3answers
183 views

Can I preclude the exercise of another patentee's system patent by defining a (PRACTICALLY necessary) improvement to an element of that system

A patent exists for a broad system of interacting large, and independently complex, elements. However, at least one of the complex elements is described/claimed in the patent in a very cursory and ...
4
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2answers
329 views

D/285,860 and D/253,629 - These look like an ordinary skateboards

The two styles shown are standard skateboard shapes that have been around for decades (surfboard-shaped and "fishtail"). There's lots of varieties of both these shapes in production everywhere. The ...
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2answers
80 views

Turbo System and Method of Installing

I am the owner of SOHO Motorsports and we are in the process of designing a turbo system for a vehicle that is in our shop and I wanted to ask an important question before we begin building this turbo ...
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1answer
282 views

How rigorous are examiners

A business competitor is claiming "patent pending" on a product I know they did not originally create. The product is manufactured by us, the competitor in question, as well as at least 15 other ...
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2answers
487 views

is there an infringement between this patent and lufthansa us8216392 patent?

lufthansa us8216392 and Gas T. E. us7445677 is very close to eachother and I assume there is an infringment. If you search lufthansa cyclean pictures and patent drawing of us7445677 you will see ...
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1answer
18k views

Can someone patent someone else's invention?

In the history, invention conflicts were on who has patented an invention sooner. This is the subject of stealing an invention. Consider one has published an invention in any kind of media, can this ...
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2answers
155 views

Does iBooks Author use US patent 2012/0221436?

US patent application 2012/0221436 is about teachers that create, using special software, textbooks that will be sold. This is the same thing that iBooks Author does, isn't it? Therefore: does Apple ...
8
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1answer
3k views

Why did my patent on game rules not prevent these subsequent design patents?

I invented a game whereby I took the game called 4-Square and raised it 7 feet in the air and so you play it like a 4-way volleyball game ... 4-Square in the air. I obtained Patent US 7,608,000, ...
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2answers
983 views

Possible US patent infringement and German company

We are currently trying to set up a startup that sells a software product online. The software can be downloaded worldwide and paid for via Paypal. Our company is a limited liability company based in ...
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1answer
211 views

Will be software implementation of international standard, published under GPL, a patent infringement?

There are a lot of different standards in Telecommunication area, which based on patents created, by telecom corporations. For example, there is a technology LTE - standard for high-speed wireless ...
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2answers
1k views

Would it be infringement if I re-use a PART of a patented product in my own design?

If I purchase an existent patented commercial product, extract one specific part out of it, and re-use that one part in my own design (as part of a device that I manufacture and then sell), is this ...
2
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1answer
763 views

Must one issue a warning before suing for patent infringment?

If I make some software and start selling it, and then someone who has a patent on a central idea in my software discovers this, would they have to provide me a warning to remove my product from the ...
2
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1answer
299 views

Do patents offer protection from private use?

Say I patent an innovative method or device for creating ice-cream. I am in the ice-cream business itself, not device manufacturing. Suddenly, some competitor appears claiming to use a trade secret ...
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1answer
168 views

Game with Achievement system

I saw this patent own by microsoft. http://www.google.com/patents/US20060122716 I want to make a game that give a small reward for player who complete some task in game something like kill 50 ...
3
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1answer
677 views

Can XML/JSON structure formats be patented?

Is it possible to patent or trademark XML/JSON data structures? If Company A had a service that requested common data and Company B chose to use an identical structure for their clients, could Company ...
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5answers
791 views

Prior Art for Onsite backup for internet-based data processing

Our startup is trying to provide a backup solution for Google Apps for your domain. In principle it's a software running on the client computer. Our software then connects to Google via APIs (GData) + ...
3
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2answers
267 views

Has Facebook patented location checkins, and how could I get around it?

My app features functionality to see where your friends are, pretty much like Foursquare and Facebook do, but the scope and reason why are quite different. In fact, it would be check in / and check ...
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2answers
2k views

What happens if I come with an idea that was already patented?

This might seem weird, but what could happen if I document (video, notes, emails, logs, etc) the development of a software application and a company sues me because they have a patent from them that I ...
4
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1answer
108 views

How does this patent affect digital downloads of multimedia at sites like Dropcards.com?

How does patent application US20100325182 affect dropcards.com and similar websites that allow users to send in their media and artwork then furnish the users with unique cards? Users hand out the ...
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2answers
227 views

Taking ideas from other apps

Is it legal to take a idea from some existing app and re-code it for my app? It may sound very vague, but here is the situation: I found an android app and I like to code it for windows desktop. I am ...
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2answers
539 views

Found patent that describes my iPhone app/Website idea, any options?

I've been working on an app/website that I planned to sell for iPhone and Android, but recently found a patent that describes the idea almost exactly. There are currently no apps that implement this ...
3
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1answer
1k views

Would it be legal to use Square's credit card reader for a startup?

Square's credit card reader technology is patented. Here's a claim from patent US7810729 for illustration: 1. A card reader device for reading a card having data stored on a magnetic stripe ...
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4answers
2k views

How can I be sure that I'm not infringing on anyone's patents?

My friends and I wanted to create an online advertising service that would allow someone to create an advert, pay a one time fee, pay per click of the ad and have the ad displayed on our site and the ...
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2answers
238 views

What kind of penalties should I expect when having text about patents that expired in my products?

What kind of penalties should I expect when text about patents patents that expired in my products? (e.g. "This product is protected by Patent No. XXXX" -> This was true at one time, but not anymore, ...
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6answers
2k views

Who is allowed to sue for patent infringement?

In the creation of the patent, you have two entities that are tied to it: the inventor and the assignee. Many times the patent inventor hands off the patent to a company as the assignee. Pertaining ...
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1answer
2k views

Is my system an infrigement of the Active Time Battle patent from Final Fantasy?

Just have a simple question, the ATB system (Active Time Battle) from Final Fantasy has been patent in the past (i think 1992 on july). I am interested in making a turn based game based on the Charge ...
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1answer
1k views

What should I know before using “Patent Pending” in my products/ website?

Some years ago I read that you should not use the phrase "Patent Pending" in connection to products or marketing materials that do not actually feature or describe technology that is actually claimed ...
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2answers
717 views

How are damages calculated if found guilty of infringement?

If I am found guilty of a software patent infringement how does the court determine how much damage is done and how much I should pay?
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2answers
2k views

Which patents were involved in Apple v. Samsung?

Can someone list which patents Apple sued Samsung over? I believe one of them was rounded corners on a mobile device. I could be wrong though, but if I am correct about that one, then any mobile ...
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4answers
10k views

Can game mechanics be patented?

There's a board game that I really like called Mystery Mansion. I want to make a similar digital version of the game for various mobile platforms, but I don't want to get sued by Milton Bradley (Now ...