diddy ...
If Company A has a valid, preceding patent on one element (Element X) of a device (or perhaps one application of several combined and patented elements), can Company B come along and use either Company A's patented Element X or combine it with other elements (their own or off-the-shelf items) for another usage without infringing on Comapny A's patent?
It's my understanding patents are granted for novel ideas and things, and can be successfully challenged if the ideas or "things" are judged either not to be novel (original) to Company B or even if Company B uses someone else's novel and previously patented idea or "thing" in a different way, for a different purpose.
And damages can be demanded by Company A if they win. That's possibly why cdex refuses to put any numbers anyone can rely on to the price of a valimed device or give any figures for the valimed "sales" they've had so far, or ones they "anticipate."
In any case, really stupid for the troo b'lievers to say in their infinite (cough cough) wisdom that this will go nowhere, even that it'll be dismissed as frivolous. Patent law (like tax law) is complex and it could cost cdex a bundle in legal fees to fight this suit, assuming as I do that it's HIGHLY unlikely to be considered frivolous (and therefore dismissed). I'm sure substantial homework was done before the complaint was lodged.
As rotten said, it's laughable that peeps have "talked to lawyers" and think they now have a full understanding of it all. I rather doubt that a patent lawyer worth his salt would give a cursory read and "decide" what the outcome will be -- and nowhere have I seen anyone say he's talked to a patent lawyer. My sister's a lawyer but she has absolutely no working knowledge of patent law and would never even think of commenting on a patent infringement suit.
That would be like asking a pediatrician or GP to comment knowledgeably on a case brought against a brain or heart transplant surgeon.
Can't wait to see how this plays out.
