Question Regarding Pantent Civil Litigation

[Rednels13]

I have a friend who is being sued (sole proprietorship, online retail sales) for selling a product that plaintiff claims is a patent infingement. The company with the pantent tried suing the manufactuerer and lost, so now they are going after small business retailers who really dont have the financial means to fight back.

I am wondering how a retailer can be accountable for selling an item that is infinging on someone's patent. There is no way the law can expect retailers to know all of the patents regarding a huge number of products being sold. I would think that is the respnsibilty of the manufacturer.

Am I wrong here? Legally, is a retailer liable for this?


Thanks for any advice,

 

[Rexlan]

If they do so with knowledge, yes.

 

[Rednels13]

Well, my friend didnt know about the patent violation he was selling until he was served with the litigation papers.

Im assuming they would have to prove in some way that he knew he was doing something wrong? He has already agreed to stop selling the items. They are asking for a monetary settlement and for him to forefit all of that inventory to them.....and thats not happening.

 

[HomeGuru]

Well, my friend didnt know about the patent violation he was selling until he was served with the litigation papers.

Im assuming they would have to prove in some way that he knew he was doing something wrong?

**A: wrong.

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He has already agreed to stop selling the items. They are asking for a monetary settlement and for him to forefit all of that inventory to them.....and thats not happening.

**A: ok then let us know how this turns out.