Patent infrigment question

[mp_0_1]

What is the name of your state? NY

I am a distributor and am thinking about importing a product from Europe. I have seen a similar product in a store in the US. The product has words "PATENTED" written on it. No patent number is shown. I have contacted the company claiming to own the patent. I asked for a patent number and was told that it will be sent be email. I have repeated the same request a couple of times and so far I have not received the actual patent information. I searched the Patent's office online for keywords I think describe the product best. But no luck. I am trying to verify that the product is actually patented and how broad it is. I understand that my incompetence in not being able to find the patent information is not a defense in patent infrigment. If I decide to import and distribute the product what is my exposure? I suspect that absence of the Patent number doesnt mean that the product is not covered by the patent law. But does this effect how the company can act on infrigment?
Thank you.

 

[divgradcurl]

I suspect that absence of the Patent number doesnt mean that the product is not covered by the patent law.

That is correct. There is no requirement that a patented product be marked in any way.

But does this effect how the company can act on infrigment?

Patent marking may give the patent holder some extra rights in the event of an infringement lawsuit. Specifically, see 35 U.S.C. section 287. Basically, the patent holder cannot collect damages for infringement until the alleged infringer is "on notice" that his product or actions may be infringing. Marking the products is one way of putting someone on notice; letting them know they may be infringing is another. Here's a link to the actual statute: http://www.uspto.gov/web/offices/pac/mpep/documents/appxl_35_U_S_C_287.htm#usc35s287

Marking a product doesn't impact whether or not you are infringing or liable for infringement, but it can impact that damages levied against you should you be found liable for infringement.