Infringing Products on Amazon

Posted by Michael Shimokaji | Oct 22, 2018 | 0 Comments

QUESTION: A dispute over patented product being sold on Amazon. I'm having a dispute over patented product being sold on the internet (Amazon. com) It's a sports accessory. My competitor has a pending patent application and asked me to discontinue selling the product. I would like to sell out my inventory before moving on. I wonder if can keep selling until he get he's patent confirmed ? Or he can still sue me after he gets the patent granted for back losses?

ANSWER: Generally, one can only collect damages after a patent has issued, not while the patent application is pending. Therefore, sales of an “infringing” product while the application is only pending does not provide a basis to collect damages or even be considered infringement. 

About the Author

Michael Shimokaji

Michael’s expertise includes the strategic development of patent and trademark portfolios. He identifies those patents and trademarks that are valuable to his clients by providing them with a competitive advantage. Then, Michael obtains patent and trademark registrations in the US and abroad.

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