Cdex, Inc. (fka CDEX)

[d4diddy]

Sanddollar,


"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?"

I think I've posted this before. Here is a simple example which I remember reading a long time ago.

Let's say that Peter invents and patents a platform with four legs attached at the bottom and calls it a chair for sitting.

Along comes Paul and decides it would be more comfortable with a back to rest against and patents the addition of a back to the chair which is an improvement to Peter's basic chair patent.

Along comes Mary and invents the addition of curved rails attached to the legs of the chair with a back so it can be rocked back and forth.

Who has what rights? Peter has the negative right to prevent all others from building his platform with four legs. He cannot improve it with a back or rockers without approval from both Paul and Mary.

Paul cannot manufacture his inventions at all without approval from Peter because he has the basic patent rights on the chair.

Mary's invention includes a chair with a back so she would need approval from both Peter and Paul to manufacture her rocking chair.

Whether this concept has any relevance to the pending suit I don't know. I noticed the suit does not identify which claims are allegedly being infringed upon.