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Am I infringing a patent when...
Posted by . updated on 6/20/2008
Here's a tough one...Please help! sorry for so many questions! My small home based company is in the verge of being sued for patent infringing. The Patentee is a Spanish company and its NOT the inventor of the idea/apparatus. A very similar apparatus was invented (BUT NOT patented), publicized and put ''on sale'' in 97 by another european company. Patentee then started to sell the apparatus on 1999 through their website to Europe and USA markets. On april 2003 (4 years later) they finally filled a patent application in, Europe first, for the product. A little LESS than 1 year after they filled an application here in USA for it. It was pending approval until Oct 2007!!In February 2007 I started to sell similar product on my website. Now they claim infringement. Can I claim invalidity of their foreign patent due to time span between ''on sale'' and ''reduced to practice'' and subsequently the invalidity here in USA? Also can I represent myself in court or do I have to hire a lawyer? They are litigating against my Incorporated company. Not myself. And if I can't afford a lawyer...are there public (for free) ones? Does the Patentee have a weak case?
Answers (1)
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Alan Wa...
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sounds like a weak case -- but this area of the case is extremely complicated and f you do not have a lawyer you will probably get screwed.
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