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We are involved in a patent infringement case where we are being
accused of infringing on a patent. The Markman hearing keeps getting
postponed. We feel very very strong in our case. It seems that the
plaintiff's claim keeps "moving" as if they are trying to find some
part of our product that infringes.
In the meantime, the plaintiff seems to be modifying their product
with unpatented technology that they are learning from us in
discovery. They are also telling customers that they are suing us
and that the customer should not do any business with us as we won't
be around for long after this issue comes to trial.
My question is:
Is there a protocol that I can reference whereas this type of
behavior or practice is addressed? (especially them telling our
customers about the suit)
-- blake meek, March 2, 2004