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Patent Infringement, who is at fault?

wrestlemania

Chimp
Aug 22, 2008
30
0
sector 7g
Consider this:
Bike company A designs a bike frame on one of the many design programs out there and has a manufacturing company build the frame for them to sell. If the frame is determined to infringe on a patent who is at fault?

So from a custom frame builder's stand point, customer designs a frame and the builder builds it is the builder at fault?
 

engineerjoe

Chimp
Jun 20, 2007
46
2
colorado springs
Hmm. I see the point you're trying to make.

I believe that the fault would fall under the responsibility of the designer. The manufacturing company does not know what they are building till it's all together.

Generally, the company with the patent will sue the person/company with the deepest pockets. I doubt they would sue an individual for "reverse engineering" their geometry to make 1 or 2 custom bikes.
 

sanjuro

Tube Smuggler
Sep 13, 2004
17,373
0
SF
Consider this:
Bike company A designs a bike frame on one of the many design programs out there and has a manufacturing company build the frame for them to sell. If the frame is determined to infringe on a patent who is at fault?

So from a custom frame builder's stand point, customer designs a frame and the builder builds it is the builder at fault?
It all has to do with the willingness to sue.

I could build myself a DW-Link bike, and I doubt Dave Weigle is going to his lawyer.

When Giant's original Maestro design was too close to the VPP, Santa Cruz did go to the lawyers, and Giant made some dramatic changes to satisfy SC.