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As discussed below, we think that PS:1 has neither directly nor indirectly infringed the Patent, even
As discussed below, we think that PS:1 has neither directly nor indirectly infringed the Patent, even
if such patent exists, and is valid and applicable. Whether PS:1 seeks to investigate the patent
if such patent exists, and is valid and applicable. Whether PS:1 seeks to investigate the patent
infringement claim is within PS:1’s discretion, and may bear on whether PS:1 permits Alex to
infringement claim is within PS:1’s discretion, and may bear on whether PS:1 permits "MEMBER" to
continue manufacturing the knife on PS:1 tool systems in conjunction with a disposition of the potential infringement issues between Alex and Gil-Tek, LLC (through settlement or litigation) as
continue manufacturing the knife on PS:1 tool systems in conjunction with a disposition of the potential infringement issues between "MEMBER" and Gil-Tek, LLC (through settlement or litigation) as
discussed under 2.6, below.
discussed under 2.6, below.
2.3 PS:1 Question(s): Does Pumping Station One, in its organizational capacity, bear legal and/or financial
2.3 PS:1 Question(s): Does Pumping Station One, in its organizational capacity, bear legal and/or financial
2.3.2.2 Supplies a component or material used to infringe the patent .
2.3.2.2 Supplies a component or material used to infringe the patent .
To our knowledge, PS:1 has not actively induced its member Alex to infringe the Patent. Under
To our knowledge, PS:1 has not actively induced its member "MEMBER" to infringe the Patent. Under
Section 271(b), a party induces infringement if it actively and knowingly aids and abets another’s
Section 271(b), a party induces infringement if it actively and knowingly aids and abets another’s
direct infringement . Therefore, inducement requires the party asserting infringement to show that
direct infringement . Therefore, inducement requires the party asserting infringement to show that
the accused(indirect) infringer knowingly induced the direct infringement and had specific intent to
the accused(indirect) infringer knowingly induced the direct infringement and had specific intent to
encourage another’s direct infringement. We understand that this is not the case in PS:1’s
encourage another’s direct infringement. We understand that this is not the case in PS:1’s
relationship with Alex.
relationship with "MEMBER".
As to the second means of indirect infringement, we understand PS:1 does not sell or offer to sell
As to the second means of indirect infringement, we understand PS:1 does not sell or offer to sell
components used in the manufacture of Alex’s tools. Even if PS:1 did or does sell raw materials to its
components used in the manufacture of "MEMBER"’s tools. Even if PS:1 did or does sell raw materials to its
members, we understand that the materials sold are generally “raw” materials of general use and
members, we understand that the materials sold are generally “raw” materials of general use and
would not be of the type especially made or especially adapted for use in infringement of the alleged
would not be of the type especially made or especially adapted for use in infringement of the alleged
Patent.
Patent.