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

While looking up their patent, I am seeing different information about the status.

1) Source 1: Google Patents

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

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

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?

  • Whether or not the patent is enforceable, there’s the separate question of whether your product fits the definition of the invention under the wording of any of the claims. – George White Aug 14 '19 at 1:54
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    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 Aug 14 '19 at 14:58

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.

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    Wow thanks so much for the writeup – bigpotato Aug 13 '19 at 21:29

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