Ann: Trading Halt, page-65

Thinking about this whole issue of patented technology something has occurred to me that may or may not be a factor. Perhaps someone with a better legal understanding of patent law could clarify.

The technology was purchased from Pushpin. Nearmap is a third party in that they did not directly develop the technology. DD aside for a moment, is there a legal obligation for Nearmap to verify that the company selling them the technology has not infringed another parties patent? That would be akin to having to verify goods are not stolen for every purchase anyone makes. There has to be an element of good faith when you buy something from someone.

Surely, if Pushpin had developed technology that Eagleview had felt infringed their patent, then Eagleview should have taken it up with Pushpin. Furthermore, Pushpin should not have been allowed to sell it if there were question marks over patented technology. It could also be argued that Eagleview had also failed to mitigate any damage/loss by not addressing the infringement with Pushpin at the time of its development or with Nearmap at the time it was intending to purchase it.