patent in fringement

[puckman]

This is Jim from New York-I hold a design patent since 2002 and have found possible infringers.I have notified them politley telling them they are infringing.One of the infringers has told me he has been selling my patent product since 1998 therefore he is not infringing.he said he has a catologe dated 1998 that shows he was selling it back then,therefore he can and will continue to manufature,sell and distribute it.because he was doing so before i got the patent.Is this True ? can he continue to do so? also can he distribute it to others and can they sell them or are they infringing.thanks in advance....Jim

 

[divgradcurl]

This is Jim from New York-I hold a design patent since 2002 and have found possible infringers.I have notified them politley telling them they are infringing.One of the infringers has told me he has been selling my patent product since 1998 therefore he is not infringing.he said he has a catologe dated 1998 that shows he was selling it back then,therefore he can and will continue to manufature,sell and distribute it.because he was doing so before i got the patent.Is this True ? can he continue to do so? also can he distribute it to others and can they sell them or are they infringing.thanks in advance....Jim

Preexisting use may still be infringment, it will all depend on the exact facts and dates (when he started, when you filed, etc.). You may not be able to collect damages for infringement that occured prior to the issue date of your patent, but use prior to the issue date of your patent alone does not mean that the product is not currently infringing. Have you contacted an attorney to see about pursuing an infringment case?

 

[puckman]

reply

Ny The Dates I Mentioned Were Correct He Was Selling In His Catologe My Patent Product In 1998.i Got My Patent In 2002. It Is Without Dought The Same Design. There Is The Facts ,is He Infringing,and If He Distributes To Others Are They Infringing.

Jim

 

[divgradcurl]

Ny The Dates I Mentioned Were Correct He Was Selling In His Catologe My Patent Product In 1998.i Got My Patent In 2002. It Is Without Dought The Same Design. There Is The Facts ,is He Infringing,and If He Distributes To Others Are They Infringing.

Jim

When did you file for the patent? If he was selling the design BEFORE you filed for the patent, even though he is infringing now, he would have good evidence to get your patent found invalid and unenforceable.

As far as the others, it depends on what they are doing with the product. If all they do is buy it and own it, then no, they are not infringing. If they resell it, then they are infringing.