Attorney Letter 200418: Difference between revisions
From Pumping Station One
Created page with "The following is the attorney letter the board received on April 18, 2021 in regards to the cease and desist letter we received on a patent infringement from a members project..." |
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As discussed below, we think that PS:1 has neither directly nor indirectly infringed the Patent, even | As discussed below, we think that PS:1 has neither directly nor indirectly infringed the Patent, even | ||
if such patent exists, and is valid and applicable. Whether PS:1 seeks to investigate the patent | if such patent exists, and is valid and applicable. Whether PS:1 seeks to investigate the patent | ||
infringement claim is within PS:1’s discretion, and may bear on whether PS:1 permits | infringement claim is within PS:1’s discretion, and may bear on whether PS:1 permits "MEMBER" to | ||
continue manufacturing the knife on PS:1 tool systems in conjunction with a disposition of the potential infringement issues between | continue manufacturing the knife on PS:1 tool systems in conjunction with a disposition of the potential infringement issues between "MEMBER" and Gil-Tek, LLC (through settlement or litigation) as | ||
discussed under 2.6, below. | discussed under 2.6, below. | ||
2.3 PS:1 Question(s): Does Pumping Station One, in its organizational capacity, bear legal and/or financial | 2.3 PS:1 Question(s): Does Pumping Station One, in its organizational capacity, bear legal and/or financial | ||
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2.3.2.2 Supplies a component or material used to infringe the patent . | 2.3.2.2 Supplies a component or material used to infringe the patent . | ||
To our knowledge, PS:1 has not actively induced its member | To our knowledge, PS:1 has not actively induced its member "MEMBER" to infringe the Patent. Under | ||
Section 271(b), a party induces infringement if it actively and knowingly aids and abets another’s | Section 271(b), a party induces infringement if it actively and knowingly aids and abets another’s | ||
direct infringement . Therefore, inducement requires the party asserting infringement to show that | direct infringement . Therefore, inducement requires the party asserting infringement to show that | ||
the accused(indirect) infringer knowingly induced the direct infringement and had specific intent to | the accused(indirect) infringer knowingly induced the direct infringement and had specific intent to | ||
encourage another’s direct infringement. We understand that this is not the case in PS:1’s | encourage another’s direct infringement. We understand that this is not the case in PS:1’s | ||
relationship with | relationship with "MEMBER". | ||
As to the second means of indirect infringement, we understand PS:1 does not sell or offer to sell | As to the second means of indirect infringement, we understand PS:1 does not sell or offer to sell | ||
components used in the manufacture of | components used in the manufacture of "MEMBER"’s tools. Even if PS:1 did or does sell raw materials to its | ||
members, we understand that the materials sold are generally “raw” materials of general use and | members, we understand that the materials sold are generally “raw” materials of general use and | ||
would not be of the type especially made or especially adapted for use in infringement of the alleged | would not be of the type especially made or especially adapted for use in infringement of the alleged | ||
Patent. | Patent. | ||
