Saturday, June 21, 2014

I ran a crowd-funding campaign for a device that I created, and half way thru someone contacted me claiming that my project was infringing o...

Question

I ran a crowd-funding campaign for a device that I created, and half way thru someone contacted me claiming that my project was infringing on his patent, but then 2 weeks later (about 3 days before the campaigns deadline) he backed my project by making a pledge and became one of the project supporters. A short time after, he posted a comment saying that he assumed that by not responding to him that I wasn't interested in licensing and he wished my project all the best and looked forward to the final result. Doesn't this represent some form of consent? Would he still be able to try to enforce any IP rights after having supported my project?



Answer

I would suggest getting an opinion on whether your device appears to infringe the other guy's patent (if indeed he has one). His comments might be some help in your defense, but the real issue is whether there is actual infringement or not. This person might fit the category of "patent troll."



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