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Infringement as a Sales Tool?

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garby tron

Junior Member
Texas - Thanks for letting me ask this question!

I have been sued by a competitor for patent infringement. It looks as if the case will ultimately be decided in my favor via summary judgment in federal court but I am still looking at a 2006 or later closure. My competitor has now started informing almost all common customers that I am being sued and that they should not do business with me because I will ultimately lose the case. I do not know if this could be considered libel or slanderous, but isn’t there a law against this? It now looks like I may be losing a large order to the competitor because of the customer’s concern over this. Any direction or advice would be greatly appreciated!
 


divgradcurl

Senior Member
garby tron said:
Texas - Thanks for letting me ask this question!

I have been sued by a competitor for patent infringement. It looks as if the case will ultimately be decided in my favor via summary judgment in federal court but I am still looking at a 2006 or later closure. My competitor has now started informing almost all common customers that I am being sued and that they should not do business with me because I will ultimately lose the case. I do not know if this could be considered libel or slanderous, but isn’t there a law against this? It now looks like I may be losing a large order to the competitor because of the customer’s concern over this. Any direction or advice would be greatly appreciated!

Well, the other guy telling your customers that you are being sued is clearly not defamatory in any way, because it's true -- you HAVE been sued.

Now, as far as whether telling people that you are certainly going to lose, and whether that is sufficient to rise to the level of "tortious interference" in a business relationship, well, ask your lawyer -- since he or she can review all of the facts of the case, he or she will be in a better position to determine whether or not this rises to the level of "tortious interference."
 

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