Re: Can they do this?

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I am a patent attorney. A patentee (patent owner) has
exclusive rights to make, sell, and use the patented
invention. But, without further factual details, I couldn't
tell you. I think that you need to seek the services of a
patent attorney who can write an opinion letter on this
subject for your evaluation.

There is the possibility that you might be able to sue that
other company for trade diversion, unfair business practices,
etc. It is possible, but I also reference my above disclaimer.

Further, I would recommend that you ask an IP attorney to
assist you in sending a cease and desist letter to that
individual or entity that is advising your customers that you
are in "breach" of a patent. (This is more commonly known as
patent infringement.)

Finally, whether or not you are actually infringing a patent
depends upon how the claims of that patent read and what your
product entails. This also needs further evaluation.

Litigation can get very ugly and expensive. Justice is
oftentimes served, but not always.

On 2/11/05, Bruce Fast wrote:
> I have a small software company that is selling a product.
> Some US company has wrongly decided that I am in breach of
> their patent. They are going to my customers, telling them
> to quit using my technology, or they will sue my customer.
> I have lost customers over this. Are these guys within
> their legal right to do this? If I wanted to bring this
> issue to court and shut down this nonsense, under what law
> would I do so -- libel? If a customer chooses to quit
> using my tecnology, not because he believes that I am in
> breach of the patent, but because he does not want the
> expense of a lawsuit, is it still libel? Is it something
> else?