Accidental patent violation

TracyE

As a multimedia production company, I am wondering what my risk would be in the following scenario. (I`m Company
Client A hires Production Company B to write a program that operates a public kiosk, lets use an internet connected photo booth for example. Company B designs and writes the program. Client A starts photo booth company. Competitor Company C says Client A`s photo booth violates their photo booth software patents and sues them.What is Production Company B`s liability? B had no knowledge of any patents. They just figured out a way to make what the client asked for.

patentandtrademark

Patent infringement is a strict liability offense.  Even if the infringer honestly did not know about the patent, the infringer is still liable for damages.  If the infringer DID know about the patent and intentionally infringed, there can be enhanced damages.

TracyE

Thanks for the reply. So who is the infringer? Is it Client A, Production Company B or both? I am guessing it is both.

patentandtrademark

making, using, or selling can all be problems.