How strong is this patent?

[dm.holmquist]

What is the name of your state (only U.S. law)? All

 

[dm.holmquist]

Patent law, in the claims section, if you're able to eliminate a few items in their process in 2 of the claims, is it patent infringement?
After reading through the claims, my conclusion is if you are not using their device or an equivalent you do not violate this patent no matter what material, adhesive, and method you use. If we analyze the broadest independent claims of the patent, they claim the invention to be the following elements 'comprising' :
Claim 1
1. A debris remover
2. Adhesive base coat
3. Applicator
4. Replacement granules
5. Granule leveling slide
6.adjustable frame
7.compression plate
8. Top coat sealant

If I remove lines 6 & 7 from the process, do I infringe on the patent? It basically supports the entire patent. Without that bracket, the patent falls apart.

 

[Just Blue]

Patent law, in the claims section, if you're able to eliminate a few items in their process in 2 of the claims, is it patent infringement?
After reading through the claims, my conclusion is if you are not using their device or an equivalent you do not violate this patent no matter what material, adhesive, and method you use. If we analyze the broadest independent claims of the patent, they claim the invention to be the following elements 'comprising' :
Claim 1
1. A debris remover
2. Adhesive base coat
3. Applicator
4. Replacement granules
5. Granule leveling slide
6.adjustable frame
7.compression plate
8. Top coat sealant

If I remove lines 6 & 7 from the process, do I infringe on the patent? It basically supports the entire patent. Without that bracket, the patent falls apart.

I suggest you take this to a Patent Lawyer.

 

[quincy]

Patent law, in the claims section, if you're able to eliminate a few items in their process in 2 of the claims, is it patent infringement?
After reading through the claims, my conclusion is if you are not using their device or an equivalent you do not violate this patent no matter what material, adhesive, and method you use. If we analyze the broadest independent claims of the patent, they claim the invention to be the following elements 'comprising' :
Claim 1
1. A debris remover
2. Adhesive base coat
3. Applicator
4. Replacement granules
5. Granule leveling slide
6.adjustable frame
7.compression plate
8. Top coat sealant

If I remove lines 6 & 7 from the process, do I infringe on the patent? It basically supports the entire patent. Without that bracket, the patent falls apart.

I am not sure what you are asking. Do you have a workable invention, one that is novel and nonobvious?

For patent infringement, the elements of both patents as claimed are examined and compared.

Even if all of the elements in the alleged infringing invention are not exactly the same elements as described in the patented invention, there can be infringement found if the inventions are equivalent.

In other words, if the inventions are sufficiently the same in what they do and how they do it, a judge could find infringement exists.

If infringement is found, an injunction can be issued and damages awarded. For willful infringement, the original patent holder can be awarded three times his actual damages and attorney fees.

It would be smart for you to have all particulars personally reviewed by a patent agent/patent attorney in your area.