Intellectual Property Law

Chapter 20 Putting It Into Words Solution

Draft a brief paragraph describing the risk to a client of gathering all of the parts of a
patented item and selling them to consumers with instructions and diagrams on how to
put the parts together to replicate the patented item.

Patent infringement may be direct (meaning that one makes, uses, offers to
sell, sells, or imports another’s patented invention without authorization), or
it may be indirect (meaning that one either induces another to infringe or
contributes to infringement). The purchasing consumers themselves would
be liable for direct infringement (for making the patented invention),
whether or not they know of the existence of the patent. Once such direct
infringement can be shown, indirect infringement can exist for acts of
soliciting, encouraging, or inducing others to infringe. Gathering all of the
parts of a patented item and selling them to consumers with instructions and
diagrams on how to construct the patented invention would more likely than
not render you liable for inducement of patent infringement. In essence, you
would be “aiding and abetting” patent infringement. Although inducement
of infringement requires intent, it seems clear that the acts of selling
prepackaged component parts and instructing buyers to construct the
patented invention would satisfy the requirement that a party must know
that infringement will occur because of his/her inducement (or be willfully
blind to the fact that such infringement would occur). Thus, we strongly urge
you to cease your plans to market the packages of component parts of the
patented invention. Patent infringers can be enjoined from acts of
infringement and may be assessed compensatory damages, attorney’s fees,
interest, and enhanced damages of up to three times the amount of
compensatory damages.