Infringement Analysis – Exercise I
Wave is a company based out of Bangalore, which specializes in manufacture of telephones. Based on an order from the government of India, it designs telephones that can be used in jails. It makes and installs such phones in all jails in India. The phones are designed to enable in mates to use them with utmost safety.
Wave files for a patent over its phone and gets it granted in India .The first independent claim of the patent reads as follows:
“1. A phone comprising
a housing in an interior wall,
a push-button dialing pad mounted within a front wall of the housing,
a telephone handset means being a handle comprising a earpiece at one end and a mouthpiece at an opposite end and
a handset cord electrically connected between the push-button dialing pad and the telephone handset.”
Vawe a company based out of California, USA, bids makes pay phones and starts selling them in India and USA. A short description of its phones is as follows:
“A telephone used as a pay phone, which is incorporated in a casing. The casing has a dial pad for enabling dialing. A person may use the phone through a head set having ear phones and a microphone. The headset being wirelessly connected to the telephone in the casing.”
Wave wishes to file a patent infringement case against Vawe and asks you for opinion. The company requests you to answer the following questions in order to make its decision:
a. Is Vawe liable for patent infringement?
b. Can we stop Vawe in USA?
d. Vawe is bidding for a project in competition with us to supply phones to the Department of Telecommunications in India. Can we stop it?
d. What is the most appropriate legal action we may initiate against Vawe?