quincy
Senior Member
gfrump102, you deleted your latest patent thread shortly after I responded. Why?
You said in your now-deleted thread that you received notice from a patent-holder that the phone case you were selling on eBay was infringing on both the patent-holder's utility patent and design patent. You wanted to know if it was hard to sue an eBay seller. You wanted to know what to do.
First, it is generally no harder to sue an eBay seller than it is to sue anyone. But no lawsuit is especially easy.
The recommendation on what to do will always be to see an IP attorney in your area when you receive notice of infringement. And it can be smart to stop marketing the alleged infringing product online until you have had this personal review, so you can know better where you stand legally against the claim of infringement. If you continue to sell the product after notification of infringement, the damages awarded by a court in any lawsuit that is filed can be greater.
Infringement can be found if someone sells, makes or uses the patent holder's invention without permission from the patent holder. An infringement suit can be filed in a US District Court up to six years after the infringement and, if a court finds there has been infringement, an injunction can be issued allowing for the seizure of the goods and the injunction will prevent the infringing actions from continuing. Damages, possibly with attorney expenses and up to three times actual damages, can be awarded.
There are defenses to patent infringement claims and you will want to go over these defenses with the attorney you see.
Good luck.
Here is a link to your previous patent thread: https://forum.freeadvice.com/patent...patent-has-expired-older-car-part-629666.html
You said in your now-deleted thread that you received notice from a patent-holder that the phone case you were selling on eBay was infringing on both the patent-holder's utility patent and design patent. You wanted to know if it was hard to sue an eBay seller. You wanted to know what to do.
First, it is generally no harder to sue an eBay seller than it is to sue anyone. But no lawsuit is especially easy.
The recommendation on what to do will always be to see an IP attorney in your area when you receive notice of infringement. And it can be smart to stop marketing the alleged infringing product online until you have had this personal review, so you can know better where you stand legally against the claim of infringement. If you continue to sell the product after notification of infringement, the damages awarded by a court in any lawsuit that is filed can be greater.
Infringement can be found if someone sells, makes or uses the patent holder's invention without permission from the patent holder. An infringement suit can be filed in a US District Court up to six years after the infringement and, if a court finds there has been infringement, an injunction can be issued allowing for the seizure of the goods and the injunction will prevent the infringing actions from continuing. Damages, possibly with attorney expenses and up to three times actual damages, can be awarded.
There are defenses to patent infringement claims and you will want to go over these defenses with the attorney you see.
Good luck.
Here is a link to your previous patent thread: https://forum.freeadvice.com/patent...patent-has-expired-older-car-part-629666.html