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Patent Infringement Violators Beware


Patent Infringement

The Lindsay AirGraver®, PalmControl® as well as several other Lindsay products are protected by trademarks, patents and pending patents. These patents and trademarks are there for a reason and that is to protect the inventions and intellectual property.  Infringement is taken seriously.  A common misconception is that is an infringer in another country cannot be sued for patent infringement.  This is incorrect. For example, entities in Asia and Eastern Europe were sued in federal court for multiple patent infringement of the AirGraver® and PalmControl®. 

FYI: The act of purchasing a counterfeit tool and paying to have it shipped to the US (importing), as well as "using" the patent infringing product in the United States is an infringement in itself, making the user as liable as the one making and selling.  See U.S. Code (a) below.  

FYI: Concerning site owners. Site and forum owners are liable for patent infringement if the information they host induces others to infringe a patent. See  U.S. Code (b) below:

U.S. Code > “35 U.S.C. 271 Infringement of patent.
(a) Except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States, or imports into the United States any patented invention during the term of the patent therefore, infringes the patent.
(b) Whoever actively induces infringement of a patent shall be liable as an infringer”

If you discover an infringing knockoff be sure not to link or discuss it on-line.  Doing so will just provide free advertising to the infringement.  It is best to report it to us and let the attorneys handle it.  The email for reporting it is provided below.


Quotes by attorney David Pressman

"Common Misconception: If you change a patented product a fixed percentage, say 20%, you won’t be an infringer. Fact: The amount you’ll have to change a patented product to avoid infringement is not subject to quantitative analysis, but rather is determined by the breadth of the patent’s claims."

"Common Misconception: That which you do in your own home or for your own personal use will not infringe a patent that is otherwise applicable.  Fact: While “home infringement” may be difficult to detect, nevertheless it is a form of infringement that is legally actionable and can subject the infringer to paying damages and/or an injunction prohibiting further infringement."


Help Catch Knockoffs

If you see a knockoff that may be infringing Lindsay Patents or Trademarks please contact us and report it.  Include anything that might help a case. This could include internet ads, photos, screen shots, sales receipts, links, etc.  In addition, if you acquire any of the following please provide it: infringer's name, street address, city, country, phone number, email address, place of employment and even address of employment will all be helpful since it could be used to garnish the infringer's wages until damages, court, and attorney fees are paid. 

Email report to: ReportKnockOff@LindsayEngraving.com


If you are an infringer reading this, it is suggested you stop now and let us know you are stopping.  We have pursued legal action without a preliminary warning in a previous patent infringement lawsuit.


Additional Information

Patent Infringement Violators Beware

Article by attorney, Nick Johnson

For those who believe that patent infringement isn't taken very seriously in the United States, it's time to wake up and smell the potential. Lawsuits are becoming increasingly popular as attorneys are out for damages. Lawsuits have been cropping up like wildfire, and attorneys have been doing their fair share to hold those accountable to the fullest extent of the law. With optimized research equipment and tools, violators will have a very difficult time sliding under the radar.

Don't make the serious error in believing that only large companies hire patent infringement attorneys and file whopping lawsuits. Small companies and individual inventors are now retaining top notch attorneys and going after those who are in violation of laws. There is no longer a sense of tolerance for the theft of another's inventive product. From entire inventions to existing product enhancements, lawsuits mean serious damages, and serious judgments.

The true issue behind patent infringement is the inventor's ability to successfully introduce his or her invention as his own, and retain the rights of marketing and resale to profit from their own ingenious. Laws were laid down to protect the inventor from theft.

Until recently, lawsuits were rare, difficult to prosecute, and in many cases not worth the effort. This is no longer the case. Attorneys have brought to the forefront of business law just how vital those laws really are, and the lawsuits which have followed are quite obviously proof in the pudding.

While there are still cases of accidental patent infringement, those cases are declining and more cases of intention, or willful patent infringement are becoming the mainstay. Either way, a good attorney can still bring a very successful lawsuit against an individual or company for their violation. Attorneys have worked hard in the past to pave the way for the current climate in lawsuits.

In many cases, these lawsuits are filed by big business. Kodak, Coca-Cola, and other house hold name brands have brought lawsuits against violators of patent laws. Patent protection is there to protect both big business and the individual in the event of patent infringement. These attorneys represent both big business as well as the individual. As any attorney can testify to, patent infringement harms big business just as fast as it harm the small business or individual inventor.

These lawsuits are based on either direct or indirect patent infringement. While it takes a knowledgeable attorney to explain the finer details of patent infringement, there are various avenues which can lead to it.

Direct patent infringement is the very obvious and blatant theft of another's invention, product, or enhancement while indirect patent infringement may mean an infringement of labeling or even deceptive marketing. Lawsuits are not lost or won based on the degree of infringement, rather they are lost and won based on whether or not it occurred at all. Patent infringement attorneys are the best resources for determining whether it has occurred.

Most attorneys can equate the theft of an idea with the theft of intellectual material, as the ideas and inventions worth stealing come from the unique minds of individuals who work in very intelligent and unique ways.

These lawsuits seek to punitive rewards for those who steal the hard work and ingenious of others. Patent infringement lawsuits are becoming a necessity in today's society. If an individual inventor or a company has been the victim of it, there really is no reason to hesitate to file a patent infringement lawsuit. Speaking with a qualified attorney can provide the knowledge base necessary to determine whether or not a lawsuit is within the company's or individual's best interest.

Violators of patent infringement need to beware of aggressive attorneys. There is of course no honor in stealing from another, and attorneys can expose an invention thief in open court during a lawsuit. Given that option I would consider coming up with your own ideas. A lawsuit is destined to wipe out the culprit, as awards for it tend to be very high. Even the best representation can not hide a patent violator from the truths that are revealed in a lawsuit.

About the author of this article: Nick Johnson, lead counsel and founding partner of Johnson Law Group, represents individuals or companies with cases involving patent infringement. Find more information at the Johnson Law Group web site or call 1-888-311-5522

 

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