Patent infringement

[aliensrus]

What is the name of your state? OR
Does a patent protect an invention or also the results of the use of invention? Here's the example (real...):
Companies A and B make competing equipment used to manufacture screws. Companies K, L and M actually manufacture screws using either A's or B's equipment. Company X buys screws from K, L or M and uses those to make its products.
Now, company A claims that company B has infringed on their patent. At the same time it informs company X that they may also be in violation, because they may be using screws manufactured by K, L or M, who may be using company B's equipment.
Can somebody be held liable for using the products manufactured utilizing patented technology, not the technology itself? Does patent protection "transfer" onto the results?
Thanks a lot.

 

[divgradcurl]

What is the name of your state? OR
Does a patent protect an invention or also the results of the use of invention? Here's the example (real...):
Companies A and B make competing equipment used to manufacture screws. Companies K, L and M actually manufacture screws using either A's or B's equipment. Company X buys screws from K, L or M and uses those to make its products.
Now, company A claims that company B has infringed on their patent. At the same time it informs company X that they may also be in violation, because they may be using screws manufactured by K, L or M, who may be using company B's equipment.
Can somebody be held liable for using the products manufactured utilizing patented technology, not the technology itself? Does patent protection "transfer" onto the results?
Thanks a lot.

An exact answer to your question will only come through a thorough review of ALL of the relevant facts, along with a careful reading of the claim language of the patents. However, as a general rule, if B's tool is infringing, then K, L and M, who use B's tool, may also be directly infringing the patent. The more difficult question is whether X is infringing. X's case is more complicated, and will likely depend, at least in part, on whether or not X new that B, K, L, and M were infringing, and bought screws from them anyway.

Chances are, however, an innocent buyer of items made with an infringing process or tool are not themselves liable for infringement -- however, the only way to know for sure is if all of the facts are weighed against a careful reading of the patent claims and the prosecution history of the patents. The only way to know for sure is to talk with a local patent attorney, who can review all of the facts and read the patents and advise you accordingly.