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Damien Bosco
Damien Bosco, Attorney
Category: Business Law
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I have a US Patent for a device indicating when a moving

Customer Question

I have a US Patent for a device indicating when a moving vehicle has enough inertia (momentum) to move without using its engine.
The cars manufacturers allege the same results with a pressure gauge indicator which is a misrepresentation.
What would be the ground to sue them for damages?
Submitted: 8 months ago.
Category: Business Law
Expert:  Damien Bosco replied 8 months ago.

Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.

Expert:  Damien Bosco replied 8 months ago.

Hi Tomi: Some law first: There are two types of infringement: „ Direct infringement and Indirect infringement. Direct Infringement is when a party is liable for direct infringement if, without authority, it either: „ Makes, uses, offers to sell or sells a patented invention within the US. „ Imports a patented invention into the US. (35 U.S.C. § 271(a).) Contributory (Indirect) Infringement is when a party is liable for contributory infringement if both of the following requirements are met: „ The party sells or offers to sell within the US, or imports into the US, a component of a patented invention or a material or apparatus for practicing a patented process. „ The only use of the component, material or apparatus is in the patented product or in practicing the patented process. (35 U.S.C. § 271(c).)

The key is whether the other party is using a component, material or apparatus of the patented product. So, if the pressure gauge indicator was built using your patent, there could be a claim. You mention misrepresentation, it is unclear what claim you wold have against them. That would be a consumer claim, unless you are saying manufacturer is misrepresenting something about your patent. We can discuss more if you would like to do so.

Expert:  Damien Bosco replied 8 months ago.

Hello again Tomi! Checking in to see if you need further help. Your satisfaction is my goal, and I'm happy to answer a related follow-up question you may have. If I have not answered your question completely or missed a question, please let me know and I will attempt to answer it. If you are satisfied with your answer, please provide a positive rating between 3 and 5 stars for the service I provided to you. Best regards.