3 ms·

I think you are confused with trademark law.

by rblatz 7y ago

FpUser 7y ago
I am not. "A patent owner (patentee) may be precluded from enforcing its patent against an alleged infringer after a period of time from the first notice identifying the patent and possible infringement (e.g., 4 ½ years) if the following conditions are met: Misleading Conduct/Silence: The patent owner, through misleading conduct (or silence), leads the alleged infringer to reasonably infer that the patentee does not intend to enforce its patent against the alleged infringer (e.g., by sending a cease-and-desist letter followed by years of silence); Reliance: The alleged infringer relies on that conduct; and Prejudice: The alleged infringer will be materially prejudiced if the patent owner is allowed to proceed with its claim (e.g., alleged infringer has continued selling and expanding product lines). This legal doctrine known as patent equitable estoppel applies on a case-by-case basis to each patent asserted by the patent owner. Therefore, a patent owner may have other patents to enforce which may not be barred by equitable estoppel." - http://www.patenttrademarkblog.com/consequences-of-patent-owners-delay-or-inactivity-against-infringer/ http://www.patenttrademarkblog.com/consequences-of-patent-ow... Again I am getting downvotes for reporting facts. I guess mob opinion rules.
- bmn__ 7y ago
  It's still a horrible inhuman thing to do. If the responsible CEO of the company were not a sociopath, he would have 1. provided the STL files for the plastic valve when the hobbyist 3D printer asked for them 2. granted a no-cost patent licence. That way the requirement by law to defend the patent does not arise in the first place.
  - FpUser 7y ago
    Did I ever say I like the situation? We are literally surrounded bu stupid and sometime outright criminal (in a normal human sense) laws. Civil forfeiture alone - whoever came up with this brilliant idea deserves a jail time. Go call them a-holes. Feels better?

I think you are confused with trademark law.

by rblatz 7y ago

I think you are confused with trademark law.

I am not. "A patent owner (patentee) may be precluded from enforcing its patent against an alleged infringer after a period of time from the first notice identifying the patent and possible infringement (e.g., 4 ½ years) if the following conditions are met: Misleading Conduct/Silence: The patent owner, through misleading conduct (or silence), leads the alleged infringer to reasonably infer that the patentee does not intend to enforce its patent against the alleged infringer (e.g., by sending a cease-and-desist letter followed by years of silence); Reliance: The alleged infringer relies on that conduct; and Prejudice: The alleged infringer will be materially prejudiced if the patent owner is allowed to proceed with its claim (e.g., alleged infringer has continued selling and expanding product lines). This legal doctrine known as patent equitable estoppel applies on a case-by-case basis to each patent asserted by the patent owner. Therefore, a patent owner may have other patents to enforce which may not be barred by equitable estoppel." - http://www.patenttrademarkblog.com/consequences-of-patent-owners-delay-or-inactivity-against-infringer/ http://www.patenttrademarkblog.com/consequences-of-patent-ow... Again I am getting downvotes for reporting facts. I guess mob opinion rules.

bmn__ 7y ago
It's still a horrible inhuman thing to do. If the responsible CEO of the company were not a sociopath, he would have 1. provided the STL files for the plastic valve when the hobbyist 3D printer asked for them 2. granted a no-cost patent licence. That way the requirement by law to defend the patent does not arise in the first place.
- FpUser 7y ago
  Did I ever say I like the situation? We are literally surrounded bu stupid and sometime outright criminal (in a normal human sense) laws. Civil forfeiture alone - whoever came up with this brilliant idea deserves a jail time. Go call them a-holes. Feels better?