T
tkrose
Guest
What is the name of your state? California
I own a retail website. I am trying to decide on one of 2 similar products manufactured by different companies (who seem to hate each other!).
BACKGROUND:
Company A created the first product of this kind and got a patent and FDA approval. They have since introduced an updated version - it is also marked with the original patent number.
Company B later came out with a similar product, got a patent for a particular feature and FDA approval.
Company B is warning us that Company A has made significant design changes and the product is no longer covered by the patent, therefore the patent marking is a violation.
If company B is correct, I understand there are some significant penalties for Company A. However, Company B is "warning" us that we would also incur penalties (up to $500 per unit) if we sell the product with the alleged mislabeled patent number.
MY QUESTION:
What is a retailer's liability if they sell another company's product that is LATER proven to have some patent violation? We like to be honest, so if something was proven, we would definitely discontinue selling the product.
Thanks for any thoughts you can share!
I own a retail website. I am trying to decide on one of 2 similar products manufactured by different companies (who seem to hate each other!).
BACKGROUND:
Company A created the first product of this kind and got a patent and FDA approval. They have since introduced an updated version - it is also marked with the original patent number.
Company B later came out with a similar product, got a patent for a particular feature and FDA approval.
Company B is warning us that Company A has made significant design changes and the product is no longer covered by the patent, therefore the patent marking is a violation.
If company B is correct, I understand there are some significant penalties for Company A. However, Company B is "warning" us that we would also incur penalties (up to $500 per unit) if we sell the product with the alleged mislabeled patent number.
MY QUESTION:
What is a retailer's liability if they sell another company's product that is LATER proven to have some patent violation? We like to be honest, so if something was proven, we would definitely discontinue selling the product.
Thanks for any thoughts you can share!