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..beward long-time patent holders...interesting article from digg...

 
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legsx3

posts: 41

Jun 14, 2009 9:31 PM ET    Quote  Report Abuse
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check out the new cottage industry that may be popping up...
 
 
our ip experts should be commenting on this....
patentandtrademark

posts: 1332

Jun 15, 2009 6:08 PM ET    Quote  Report Abuse
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I have not dealt with this legal issue before and was thus not familiar with it.  It does kind of make sense that somebody that falsely claims to have a patent should have some kind of "penalty" for that.  The same should be true with people who claim to have a registered trademark and do not.



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

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
terrycan

posts: 33

Jun 16, 2009 1:11 PM ET    Quote  Report Abuse
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This is an interesting artcle.

Lawyers like Matthew Pequignot give the legal business a bad name.

An expired patent number was on a plastic lid. BFD!!!  Now Matthew Pequignot is sueing. I don`t see how the Solo Cup Co. caused MP to suffer.

Maybe MP could spill the coffee on his lap and get even more money.

The legal system is supposed to be about justice and protecting people. I guess this is why I usually get excused from jury duty.







terrycan6/16/2009 1:07 PM


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Massive success to you.

Terry Cantwell

http://www.protect-new-idea.com
patentandtrademark

posts: 1332

Jun 19, 2009 9:45 AM ET    Quote  Report Abuse
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the Solo Cup Co. caused the entire system to suffer by lying about whether their competitors were free to copy their patented technology - whatever that was.  Stopping fraud helps you and me.

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

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
terrycan

posts: 33

Jun 22, 2009 12:24 PM ET    Quote  Report Abuse
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Looking at this from a nuts and bolts perspective brings a few questions
 
1) Was the patent number in the mold?
 
If yes 
 
2) Was the patent expired when the mold was made?
 
If no... Solo was not decieving any one.
 
Molds are made by highly skilled people who deserve to be well paid.
 
All molds wear out and eventually are replaced or a new product takes over.
 
Anyone can look up a patent number and check the expiration date.
 
Bleeding a good company this way is just plain wrong.
 
Glitches in the law hurt companies and their workers. 
 
 
 
 
 
 
terrycan6/22/2009 12:27 PM


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

Massive success to you.

Terry Cantwell

http://www.protect-new-idea.com
patentandtrademark

posts: 1332

Jun 22, 2009 2:17 PM ET    Quote  Report Abuse
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Perhaps when the patent expires, they should "update" the mold.  If a new product is being sold with an expired patent number on it, what should be the remedy for that?  Anything?
 


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

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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