Anyone who profits from infringement is subject to damages.  This includes resellers and service bureaus even though they did not actually create a product. This motivates reputable resellers to work with original inventors. How a reseller can determine if a product is a copycat:
  • Products that are described as the patented or patent pending original only better without explanation.
  • Often undercut prices because they only intend to maintain a shallow commitment to warranty, training, and support
  • Non-standard warranty or return policy – copycats are unconcerned about brand reputation
  • Absence of training
If a reseller sells a patent-infringing product they participate in damages to the original inventor.  This is why reputable resellers prefer to work with original inventors. A second telltale is low prices.  Copycats generally participate in a hit and run marketing use price competition to gain market share. During this period imitators freely infringe on patent-pending products knowing that when the patent issues they’ll just go out of business and go copy something else.  This is common with LiveO2 copycats.

See Also