Very difficult to prove patent infringement if you can't actually gain access to the plant.
It's different to when a patent is infringed say for example in a manufactured product where you can buy the end product in a shop.
It's hard enough (and expensive) to prove patent infringement even if you can get hold of an end product to pull it apart.
However, the time to sue for patent infringement is not at the outset, it's after a couple of years, because then you can sue for all the years of revenue that the infringer has made whilst infringing the patent.
The standard patent defence (when being sued) is...
1. Argue that the patent should never have been granted in the first place (invalidate the patent) Just because a patent is granted doesn't mean that the patent office in that jurisdiction did their homework.
2. Argue that you are not exactly infringing due to one small difference that you have made to the process/method.
3. Hire a bigger IP lawyer and try to outspend the other side.
Fun and games.
AGY Price at posting:
24.5¢ Sentiment: Buy Disclosure: Held
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