contributory infringement: not making, selling, using, but the thing they are making could be substantially used to infringe!???
- If you are on notice that you might be infringing, you have an absolute duty to seek competent legal advice!
- if you don’t get legal advice = willful infringement (treble damages)
- get an opinion only from someone competent and experienced and unbiased to examine everything
- ex. I make ABC; competitor makes ABCD. They are infringing b/c everything in my patent is in theirs.
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