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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 ...

2
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3answers
206 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 ...
0
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1answer
159 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
328 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 ...
3
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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 ...
7
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1answer
279 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 ...
2
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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 ...
9
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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 ...
2
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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, ...
5
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2answers
976 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 ...
3
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1answer
210 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 ...
4
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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
747 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
votes
1answer
295 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 ...
2
votes
1answer
167 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
votes
1answer
660 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 ...
6
votes
5answers
790 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
votes
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 ...
3
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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
votes
1answer
107 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 ...
4
votes
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 ...
6
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2answers
538 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 ...
8
votes
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 ...
3
votes
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, ...
4
votes
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 ...
5
votes
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 ...
10
votes
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 ...
9
votes
2answers
712 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?
22
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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 ...
13
votes
4answers
9k 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 ...
14
votes
2answers
699 views

What are the possible consequences of using software developed outside of the US that infringes a software patent?

Suppose I'm developing a software and I operate in the country that doesn't recognize Software Patents. I make my software available for users in several countries including the United States. What if ...
10
votes
1answer
434 views

Can willful patent infringement exist without prior notification?

In order for a company to accuse an organization of willful infringement, or allege that they are actively and knowingly infringing on a patent, must the patent holder first send the allegedly ...
12
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2answers
603 views

Consequences of unwilful US patent infringment by a foreign legal entity when establishing US presence

Suppose the following situation: A company is incorporated in a country other than U.S.A., which does not allow software patents (e.g. EU member countries). This company produces an invention as a ...
27
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5answers
2k views

What can I do about an infringer if I'm a small independent inventor?

I'm a small-scale independent inventor with few resources and have a patent that I believe is being infringed by a large company. I fear that if I approach the company on my own, I will have little ...