Ceramic Tiles
A files a patent for a special manufacturing process for ceramic tiles. B had already developed the same idea months earlier, but had only sketched it on paper without initiating any prototypes or production steps. When B finally begins production, A sues B for patent infringement.
Question: Will A's lawsuit be successful?
Cooling Technology
A owns a patent on a new cooling technology for data centers. B had already been using the technology in its own server room for a year, but kept it strictly confidential and did not publicize it. A sues B for injunctive relief.
Question: Will A's lawsuit be successful?
A applies for a patent on a novel drug formulation. B had already developed this formulation and tested it in a clinical pilot trial with patients. After the patent is granted, A sues B for continuing to manufacture the drug. It turns out that B had obtained the formulation from an employee of A who disclosed this information in violation of a confidentiality agreement.
Question: Will A's lawsuit be successful?
A has a patent on a new packaging machine. B was already using machines of the same design in his factory before the filing date and was selling packaging to dealers. A is now suing the dealers, not B.
Question: Does B have a prior user right? Will A's lawsuit be successful?
A has a patent on a novel type of solar cell. B had already produced such patent-protected cells on a small scale before the filing date and delivered them to an industrial customer under a confidentiality agreement. After filing the patent application, A launched its solar cells on the market. This drew the industrial customer's attention to a particular design feature—a special cell arrangement that enables improved light yield in low sunlight conditions. B incorporates this additional feature into its own cells in order to remain competitive.
Question: Does B have a prior user right? Will A's lawsuit be successful?
A files a patent application for a process for manufacturing biodegradable plastic films. B had already been using this process in its factory in Germany one year before the filing date. He produced the first batches there and supplied several German packaging manufacturers under confidentiality agreements. This meant that B was in possession of the invention before the filing date and had taken serious steps to use it in Germany. However, after the patent was granted, B no longer only supplied German customers, but expanded into Austria. A sued B there for patent infringement and demanded that he cease and desist.
Question: Does B have a prior user right? Will A's lawsuit be successful?