Welcome to my site! We have the Reclosable Plastic Bags information that you are seeking.
FEATURED PRODUCTS:
 |
| Powered by phpBay Pro |
Does your Company Have the Patent Licenses it Needs?
It is fundamental that one thing every company needs are the rights to use the property it owns and to produce and sell the products and services it provides. Virtually every product is protected by patent rights, which raises the fundamental question: Does your company have the patent licenses it needs? This article provides the “short course” allowing you to address that complicated question!
First, each country has its own patent system. Therefore, the license to make and use equipment in one country does not necessarily provide the same license in another country (more on this issue later).
It is basic patent law that a patentee’s exclusive right under his United States patent is exhausted by his first sale of a product covered by his patent. That is what the United States Supreme Court held in Adams v. Burke, 17 Wall 453 (1883). However, that holding assumes that no license terms were stated. When no license terms are stated and it is the patentee selling the product, a complete license under the patent with respect to the sold product is implied by operation of law.
Subsequent cases note that the patentee has the right to restrict the license granted upon the first sale of a product covered by the patentee“s patent. That is what the United States Supreme Court held in General Talking Pictures Corp. v. Western Electric Co., reh'g, 305 U.S. 124, 127, 39 USPQ 329, 330 (1938). Thus, if there is an explicit license, then the terms of the license govern.
If there is a restrictive license under a United States patent, then the terms of the explicit license define the scope of the license. Violation of valid license conditions entitles the patentee to a remedy for either patent infringement or breach of contract. That is the conclusion of the Court of Appeals for the Federal Circuit (CAFC) in Mallinckrodt, Inc. v. Medipart, Inc., 976 F.2d 700, 24 USPQ2d 1173 (Fed. Cir. 1992). The CAFC is the court in the United States that hears appeals from all of the trial courts and from the United States Patent and Trademark Office on issues of patent law.
Moreover, restrictive license provisions that constitute a misuse of the patent are unenforceable. Misuse of the patent means that the restrictive license has imposed a condition that, in effect, (1) broadens the scope of the patent beyond what its claims cover and (2) is anti-competitive. That is what the CAFC stated in Windsurfing Int'l, Inc. v. AMF, Inc., 782 F.2d 995, 1001-02, 228 USPQ 562, 566 (Fed. Cir. 1986).
Several cases deal with the issue of the scope of a license granted by a patentee to a manufacturer of patented products. In these cases, the manufacturer has sold product covered by the patent to third parties, and the patentee has sued the manufacturer and the third party for patent infringement. That is what happened in Intel Corp. v. ULSI System Technology Inc., ___ F.3d ___, ___, 27 USPQ2d 1136, 1139 (Fed. Cir. 1993). See also Lisle Corp. v. Edwards, 777 F.2d 693, 227 USPQ 894 (Fed. Cir. 1985). In these cases, the issue is: Did the license restrict the manufacturer from making and selling to a third party product covered by the patent? While each of these cases depends upon its own facts, my impression is that the courts narrowly construe the license provisions to favor allowing the manufacturer to sell products covered by the patent to a third party. Therefore, great care should be exercised when drafting this type of licensing agreement.
Many companies are interested in the effects of a license on importing product into the United States. In that situation, the scope of a license depends upon the terms of the license. However, note that an explicit license under a foreign patent is not necessarily a license under a corresponding (i.e., claims covering the same invention) United States patent. In fact, rights of a licensee under a foreign patent have no bearing on the rights accorded under United States patent laws. That is what the United States Supreme Court held in Boesch v. Graff, 133 U.S. 697 (1889). Moreover, this issue (right to import product based upon a foreign license) was raised in a relatively recent case in the United States International Trade Commission (ITC). The ITC hears certain patent infringement cases involving imported products. In the In re Reclosable Plastic Bags, 192 USPQ 674 (US ITC 1977), the ITC stated that:
Since the reclosable plastic bags at issue are protected by a U.S. patent (reissue patent No. 28,969), no foreign license on the same product can interfere with the rights granted the U.S. patentee by U.S. patent laws. [At page 679.]
This statement means that the ITC construed an explicit provision to a license under a corresponding foreign patent to imply no license under the United States patent. Therefore, foreign manufacturers that wish to license a United States patent need to carefully draft their agreements and explicitly state certain rights under the license to ensure that they have those rights.
Copyright Richard A. Neifeld,
President, Neifeld IP Law, PC
If you have any other questions or need further information please feel free to contact us via email at http://www.neifeld.com.
About the Author
Richard Neifeld, Ph.D.
Patent Attorney
Email address: general @ neifeld.com
Education
J.D. The George Washington University Law School 1994 Ph.D. Rutgers University (Solid State Physics) 1985 B.S./B.A. University of Rochester (Physics and Mathematics)
(Cum Laude and Honors) 1980
Experience
Neifeld IP Law P.C. - 2002
Partner in the IP law firm of Oblon, Spivak, McClelland, Maier & Neustadt, PC. - 1996
Patent Attorney - 1994
Patent Agent - 1992
Patent Technical Consultant - 1990
Staff Scientist for the U.S. Army's Laboratory Command - 1986
Post-doctoral Fellow, Rutgers University - 1985-1986
Former chair of the Interference Committee and current chair of the Services Subcommittee of the Interference Committee of the American Intellectual Property Lawyers Association (AIPLA). Member of the AIPLA, American Bar Association, Maryland Patent Lawyers Association, and the Patent Information Users Group. Extensive experience in "specialty matters" in the U.S. patent office, such as appeals, petitions, reexaminations, reissues, public protests, and extensive experience in foreign prosecution, and interferences and related litigation. Extensive experience in due diligence work, including investigations, database searching, and opinions.
Admitted to practice before the United States Patent and Trademark Office, the Virginia State Courts, the United States Court of Appeals for the Fourth Circuit, and the United States District Court for the District of Columbia.
Widely published in IP law publications, frequent lecturer to patent attorneys on patent law topics, and an active member of the patent bar associations. Founder and moderator for the popular "patentinterference" group on the groups.yahoo.com/group/patentinterference web site, which is a forum for general information on patent law and practice with a focus on patent interference issues.
Co-founder of the www.PatentValuePredictor.com automated patent valuation service, co-inventor of the underlying macro-economic model for valuing patents, and programmer of some of the code powering the automated valuations.
Five years of scientific research in applied physics areas of electro-optics, III-V materials, microwaves, vacuum deposition technology, superconductors, and electronics directed towards the U.S. Army's electronics, communication, and signal processing needs.
OTHER RELATED PRODUCTS:
|
 Reclosable 3x4 inch Plastic Zippy Bags 100 count Whit  US $.99
|
 Reclosable 2x2 inch Plastic Zippy Bags 100 count Clear US $2.25
|
 Reclosable 2x2 inch plastic zippy bags white block 100 count US $.99
|
 Reclosable 3x2 inch Plastic Zippy Bags 100 count white bar hole US $.99
|
 Reclosable 1x1 inch Plastic zippy bags 100 count Clear US $.99
|
 Reclosable 2x4 inch Plastic Zippy Bags 100 count Clear US $.99
|
 Reclosable 3x4 inch Plastic Zippy Bags 100 count Clea US $.99
|
 Reclosable 3x2 inch Plastic Zippy Bags 100 Side Zip Clear US $.99
|
 Reclosable 15x15 inch Plastic Zippy Bags 100 count US $.99
|
| Powered by phpBay Pro |
Where to buy 3X4" zip lock bags?
Link: http://www.amazon.com/Reclosable-Plastic-Bag-2mil-Lock/dp/B002PKBNJK/ref=pd_sbs_k_7
I want bags like these, but I was wondering if anybody knew of a place to buy them that is NOT the internet. In other words, if you link a website (unless it's for an actual store), I won't be giving you the best answer. Vague places work too, such as "your nearest ______ store."
I live in Grayslake Illinois, USA.
Well I found them at a fabrics store nearby, but none of you guys suggested that... So I guess I'll put it up to vote and hope that "No Best Answer" wins, considering none of you guys really helped...
It would be helpful if you had mentioned which country you live.
I buy mine in Action, Xenos or Dekamart, but I am almost sure you are not in my country, so it will not be helpful for you.
If I were you, I would start looking in my nearest supermarket. Whether it is Walmart, Super Value, Tesco's, Alda's or Carrefour, or whatever it is named in your city.
Besides, office suppliers, hobby stores and the cheap shops like poundland or Dollar store often also stock them.
EVEN MORE GREAT PRODUCTS TO CHOOSE FROM!
 |
Family Pack of SIX (6) Snap Capps - Reclosable Can Tops (Turns Almost Any Can into a Bottle!) Save Money Buy Cans over Bottles! Snap Capp - NO MORE Flat Drinks List Price: Sale Price: $0.99 You save: $19.00 (95%)  |
 |
4" X 6" 4-mil Clear Resealable Zipper Shipping Poly Bags (Qty=100) List Price: Sale Price: $7.50 You save: $11.29 (60%) |
 |
4" X 4" 4-mil Clear Resealable Zipper Shipping Poly Bags (Qty=100) List Price: Sale Price: $8.97 You save: $9.82 (52%) |
 |
500 CLEAR Reclosable Zipper Bag. 2'' x 3'' - 2 mil thick List Price: Sale Price: $1.65 You save: $5.30 (76%) |
 |
500 CLEAR Reclosable Zipper Bag. 2'' x 2'' - 2 mil thick List Price: Sale Price: $0.01 You save: $6.94 (100%) |