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Accidental patent violation

 
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TracyE

posts: 2

Mar 23, 2009 4:14 PM ET    Quote  Report Abuse
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As a multimedia production company, I am wondering what my risk would be in the following scenario. (I`m Company B)

Client A hires Production Company B to write a program that operates a public kiosk, lets use an internet connected photo booth for example. Company B designs and writes the program. Client A starts photo booth company. Competitor Company C says Client A`s photo booth violates their photo booth software patents and sues them.

What is Production Company B`s liability? B had no knowledge of any patents. They just figured out a way to make what the client asked for.
patentandtrademark

posts: 1332

Mar 24, 2009 10:02 AM ET    Quote  Report Abuse
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Patent infringement is a strict liability offense.  Even if the infringer honestly did not know about the patent, the infringer is still liable for damages.  If the infringer DID know about the patent and intentionally infringed, there can be enhanced damages.



-------------------------

James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com
TracyE

posts: 2

Mar 24, 2009 11:17 AM ET    Quote  Report Abuse
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Thanks for the reply. So who is the infringer? Is it Client A, Production Company B or both? I am guessing it is both.
patentandtrademark

posts: 1332

Mar 25, 2009 6:26 AM ET    Quote  Report Abuse
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making, using, or selling can all be problems.

-------------------------

James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com
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