Discussion:
This is a real world question.
1. Company A (a USA company) manufactures a U.S. patented
specialty ink for computer printers in liquid form.
2.Company B (a foreign company) manufactures same/similar
specialty ink, where Company A claims Company B is infringing
on their patent.
3. Company C (a USA company) buys and imports ink in liquid
form from Company B. Company C sells same ink in liquid
form to Companies D thru Z.
4. Companies D thru Z (commercial art for sale) buy ink in
liquid form from Company C, and convert liquid ink to dried
ink as artwork. Companies D thru Z place dried ink in the
form of artwork on various substrates; e.g., ceramic mugs,
license plates, t-shirts, etc. Companies D thru Z sell same
products with dried ink to consumers.
If Company A feels it has a valid claim against Company B (a
foreign company), can Company A bring lawsuit against:
1. Company C?
2. Companies D thru Z (all U.S. businesses)? If yes, when?
i.e., same time as Company C, or after lawsuit has been won
against Company B and/or Company C?
Thanks,
William West
Memphis, TN
Answer:
This sounds like a law school exam.
I believe the US patent holder has claims against everyone importing or using in the US the product covered by its patent.