QUESTION: A dispute over patented product being sold on Amazon. I’m having a dispute over patented product being sold on the internet (Amazon. com) It’s a sports accessory. My competitor has a pending patent application and asked me to discontinue selling the product. I would like to sell out my inventory before moving on. I wonder if can keep selling until he get he’s patent confirmed ? Or he can still sue me after he gets the patent granted for back losses?
ANSWER: Generally, one can only collect damages after a patent has issued, not while the patent application is pending. Therefore, sales of an “infringing” product while the application is only pending does not provide a basis to collect damages or even be considered infringement.