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Patent Infringement
There have been a few
cases of companies infringing on our patent and this page is meant to clarify
what patent infringement means. Infringing on our patent is theft, PLAIN
AND SIMPLE. Copying any or all of our machine is the same as stealing from
us and our kids--it is not right! Years ago we established an
infringement legal contingency fund for just this reason. If we find a
company who has infringed we will first try to settle and if that doesn't work
we will have no choice but to pursue legal action! We will also be posting their name
in our "Company Hall of Shame" for the world to see. Text from
the USPTO website follows.
35 U.S.C. 271 Infringement of patent. - Patent Laws
(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 therefor, infringes the patent.
(b) Whoever actively induces infringement of a patent shall be
liable as an infringer.
(c) Whoever offers to sell or sells within the United States or
imports into the United States a component of a patented machine, manufacture,
combination, or composition, or a material or apparatus for use in practicing a
patented process, constituting a material part of the invention, knowing the
same to be especially made or especially adapted for use in an infringement of
such patent, and not a staple article or commodity of commerce suitable for
substantial noninfringing use, shall be liable as a contributory infringer.
(d) No patent owner otherwise entitled to relief for
infringement or contributory infringement of a patent shall be denied relief or
deemed guilty of misuse or illegal extension of the patent right by reason of
his having done one or more of the following: (1) derived revenue from acts
which if performed by another without his consent would constitute contributory
infringement of the patent; (2) licensed or authorized another to perform acts
which if performed without his consent would constitute contributory
infringement of the patent; (3) sought to enforce his patent rights against
infringement or contributory infringement; (4) refused to license or use
any rights to the patent; or (5) conditioned the license of any rights to
the patent or the sale of the patented product on the acquisition of a
license to rights in another patent or purchase of a separate product, unless,
in view of the circumstances, the patent owner has market power in the relevant
market for the patent or patented product on which the license or sale is
conditioned.
(e) {not applicable--refers to FDA and DNA}
(f)
(1) Whoever without authority supplies or causes to be supplied
in or from the United States all or a substantial portion of the
components of a patented invention, where such components are
uncombined in whole or in part, in such manner as to actively induce the
combination of such components outside of the United States in a manner that
would infringe the patent if such combination occurred within the United States,
shall be liable as an infringer.
(2) Whoever without authority supplies or causes to be supplied
in or from the United States any component of a patented invention that is
especially made or especially adapted for use in the invention and not a staple
article or commodity of commerce suitable for substantial noninfringing use,
where such component is uncombined in whole or in part, knowing that such
component is so made or adapted and intending that such component will be
combined outside of the United States in a manner that would infringe the patent
if such combination occurred within the United States, shall be liable as an
infringer.
(g) Whoever without authority imports into the United States or
offers to sell, sells, or uses within the United States a product which is made
by a process patented in the United States shall be liable as an infringer, if
the importation, offer to sell, sale, or use of the product occurs during the
term of such process patent. In an action for infringement of a process patent,
no remedy may be granted for infringement on account of the noncommercial use or
retail sale of a product unless there is no adequate remedy under this title for
infringement on account of the importation or other use, offer to sell, or sale
of that product. A product which is made by a patented process will, for
purposes of this title, not be considered to be so made after -
(1) it is materially changed by subsequent processes; or
(2) it becomes a trivial and nonessential component of another
product.
(h) As used in this section, the term "whoever"
includes any State, any instrumentality of a State, any officer or employee of a
State or instrumentality of a State acting in his official capacity. Any State,
and any such instrumentality, officer, or employee, shall be subject to the
provisions of this title in the same manner and to the same extent as any
nongovernmental entity.
(i) As used in this section, an "offer for sale" or
an "offer to sell" by a person other than the patentee or any assignee
of the patentee, is that in which the sale will occur before the expiration of
the term of the patent.
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