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What is the status of this patent?

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8

Recently I received a warning from another seller that says I am infringing on their utility patent.

While looking up their patent (publication number: US 20110 225873 A1), I am seeing different information about the status.

1) Source 1: Google Patents https://patents.google.com/patent/US20110225873?oq=patent:20110225873A1

Google Patents says the latest status is: 2019-08-12 Application status is Active.

2) Source 2: USPTO https://portal.uspto.gov/pair/PublicPair

Select "Publication Number", enter: US 20110 225873 A1 (without spaces between digits), and press Submit

It says Status: Application Involved in Court Proceedings. Also, when I click on the "Image File Wrapper" tab, the latest update on 04-08-2019 shows that the patent was dismissed by the court

So is the patent rejected or accepted?

patents

share|improve this question

edited 2 hours ago

Edmund

asked yesterday

EdmundEdmund

20111 silver badge99 bronze badges

• 
  
  
  

  
  3
  

  
  
  
  
  
  

  
  
  If selling the traps is an activity you want to continue, then it would be worth your while to consult a patent attorney about the warning you received and the details of the patent and your activities. Note well that even if the other person's claim is groundless, defending a patent lawsuit may take more money than you are willing to spend, and it is not safe to assume that you will be awarded costs in the event that you win.
  
  – John Bollinger
  5 hours ago
  
  
  

  
  
  
  

add a comment | 

8

Recently I received a warning from another seller that says I am infringing on their utility patent.

While looking up their patent (publication number: US 20110 225873 A1), I am seeing different information about the status.

1) Source 1: Google Patents https://patents.google.com/patent/US20110225873?oq=patent:20110225873A1

Google Patents says the latest status is: 2019-08-12 Application status is Active.

2) Source 2: USPTO https://portal.uspto.gov/pair/PublicPair

Select "Publication Number", enter: US 20110 225873 A1 (without spaces between digits), and press Submit

It says Status: Application Involved in Court Proceedings. Also, when I click on the "Image File Wrapper" tab, the latest update on 04-08-2019 shows that the patent was dismissed by the court

So is the patent rejected or accepted?

patents

share|improve this question

edited 2 hours ago

Edmund

asked yesterday

EdmundEdmund

20111 silver badge99 bronze badges

• 
  
  
  

  
  3
  

  
  
  
  
  
  

  
  
  If selling the traps is an activity you want to continue, then it would be worth your while to consult a patent attorney about the warning you received and the details of the patent and your activities. Note well that even if the other person's claim is groundless, defending a patent lawsuit may take more money than you are willing to spend, and it is not safe to assume that you will be awarded costs in the event that you win.
  
  – John Bollinger
  5 hours ago
  
  
  

  
  
  
  

add a comment | 

Recently I received a warning from another seller that says I am infringing on their utility patent.

While looking up their patent (publication number: US 20110 225873 A1), I am seeing different information about the status.

1) Source 1: Google Patents https://patents.google.com/patent/US20110225873?oq=patent:20110225873A1

Google Patents says the latest status is: 2019-08-12 Application status is Active.

2) Source 2: USPTO https://portal.uspto.gov/pair/PublicPair

Select "Publication Number", enter: US 20110 225873 A1 (without spaces between digits), and press Submit

It says Status: Application Involved in Court Proceedings. Also, when I click on the "Image File Wrapper" tab, the latest update on 04-08-2019 shows that the patent was dismissed by the court

So is the patent rejected or accepted?

patents

share|improve this question

edited 2 hours ago

Edmund

asked yesterday

EdmundEdmund

20111 silver badge99 bronze badges

share|improve this question

edited 2 hours ago

Edmund

asked yesterday

EdmundEdmund

20111 silver badge99 bronze badges

share|improve this question

edited 2 hours ago

Edmund

asked yesterday

EdmundEdmund

20111 silver badge99 bronze badges

asked yesterday

EdmundEdmund

20111 silver badge99 bronze badges

asked yesterday

EdmundEdmund

20111 silver badge99 bronze badges

2 Answers
2

active

oldest

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22

That is not at all what USPTO is telling you. Courts do not simply "dismiss" patents - that isn't a terminology you'd ever see used for a patent that was found to be invalid.

Timeline of events:

• United Industries Corporation brought a suit against the owner of the patent, claiming unpatentability.


• That case went to trial, and the court found the claim to be invalid and that UIC failed to show unpatentability.


• UIC appealed that decision to the Court of Appeals.


• The Court of Appeals dismissed the case because both parties agreed to its dismissal (it's possible they reached some external agreement we don't know about).

As far as I can tell, at this moment, the patent is active.

share|improve this answer

answered 23 hours ago

animuson♦animuson

3,4801111 silver badges3131 bronze badges

• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  Wow thanks so much for the writeup
  
  – Edmund
  23 hours ago
  

  
  
  
  

add a comment | 

0

Separately from the state of enforceable of the patent is does your product fit the definition of the invention under the wording of any of the claims.

share

answered 18 hours ago

George WhiteGeorge White

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add a comment | 

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22

That is not at all what USPTO is telling you. Courts do not simply "dismiss" patents - that isn't a terminology you'd ever see used for a patent that was found to be invalid.

Timeline of events:

• United Industries Corporation brought a suit against the owner of the patent, claiming unpatentability.


• That case went to trial, and the court found the claim to be invalid and that UIC failed to show unpatentability.


• UIC appealed that decision to the Court of Appeals.


• The Court of Appeals dismissed the case because both parties agreed to its dismissal (it's possible they reached some external agreement we don't know about).

As far as I can tell, at this moment, the patent is active.

share|improve this answer

answered 23 hours ago

animuson♦animuson

3,4801111 silver badges3131 bronze badges

• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  Wow thanks so much for the writeup
  
  – Edmund
  23 hours ago
  

  
  
  
  

add a comment | 

22

That is not at all what USPTO is telling you. Courts do not simply "dismiss" patents - that isn't a terminology you'd ever see used for a patent that was found to be invalid.

Timeline of events:

• United Industries Corporation brought a suit against the owner of the patent, claiming unpatentability.


• That case went to trial, and the court found the claim to be invalid and that UIC failed to show unpatentability.


• UIC appealed that decision to the Court of Appeals.


• The Court of Appeals dismissed the case because both parties agreed to its dismissal (it's possible they reached some external agreement we don't know about).

As far as I can tell, at this moment, the patent is active.

share|improve this answer

answered 23 hours ago

animuson♦animuson

3,4801111 silver badges3131 bronze badges

• 
  
  
  

  
  1
  

  
  
  
  
  
  

  
  
  Wow thanks so much for the writeup
  
  – Edmund
  23 hours ago
  

  
  
  
  

add a comment | 

That is not at all what USPTO is telling you. Courts do not simply "dismiss" patents - that isn't a terminology you'd ever see used for a patent that was found to be invalid.

Timeline of events:

• United Industries Corporation brought a suit against the owner of the patent, claiming unpatentability.


• That case went to trial, and the court found the claim to be invalid and that UIC failed to show unpatentability.


• UIC appealed that decision to the Court of Appeals.


• The Court of Appeals dismissed the case because both parties agreed to its dismissal (it's possible they reached some external agreement we don't know about).

As far as I can tell, at this moment, the patent is active.

share|improve this answer

answered 23 hours ago

animuson♦animuson

3,4801111 silver badges3131 bronze badges

share|improve this answer

answered 23 hours ago

animuson♦animuson

3,4801111 silver badges3131 bronze badges

answered 23 hours ago

animuson♦animuson

3,4801111 silver badges3131 bronze badges

answered 23 hours ago

animuson♦animuson

3,4801111 silver badges3131 bronze badges

0

Separately from the state of enforceable of the patent is does your product fit the definition of the invention under the wording of any of the claims.

share

answered 18 hours ago

George WhiteGeorge White

96722 silver badges1414 bronze badges

add a comment | 

0

Separately from the state of enforceable of the patent is does your product fit the definition of the invention under the wording of any of the claims.

share

answered 18 hours ago

George WhiteGeorge White

96722 silver badges1414 bronze badges

add a comment | 

Separately from the state of enforceable of the patent is does your product fit the definition of the invention under the wording of any of the claims.

share

answered 18 hours ago

George WhiteGeorge White

96722 silver badges1414 bronze badges

share

answered 18 hours ago

George WhiteGeorge White

96722 silver badges1414 bronze badges

answered 18 hours ago

George WhiteGeorge White

96722 silver badges1414 bronze badges

answered 18 hours ago

George WhiteGeorge White

96722 silver badges1414 bronze badges