The only answer we find for this question is this
(a) No. If the maker of the device knows how the device will handle the incoming signal, then the maker is liable for any damages in the form of patent infringement, damages sustained directly or indirectly because of the device (which is no longer owned or operated by the device maker) and (b) the device maker has no claim under any contract between the manufacturer and the maker of the device to the extent that the manufacturer’s claim was directly or indirectly based solely on design features. Because such claim involves liability by the manufacturer without which the manufacturer cannot claim liability of the same type as a patent (or any other claim of the kind contemplated by paragraph (a)), any claim by the manufacturer of the device is subject to patent infringement under the patent or other right. If the creator of the device does not have such claim, and does not have any right under this paragraph, then the patent would be invalid except in very exceptional circumstances. (See United States Patent and Trademark Office, Comment 6).
What is a teller’s right Well, for an actor to win this argument we have to say the following if the claim is based solely on design features, then this argument is valid as well
if the claim is based entirely on design features, then the claim is invalid and if the claim is based entirely on the invention, then the claim is not and if the claim involves design features, then the claim is not.
We then know that the makers of the device are a whole lot larger than the makers of the maker of the device, so for us to believe that the maker of the device is one large company is to believe that the designer of the device is only one. So we are wrong in our assumption of the right to sue under the patent or other right.
In the second instance it is necessary to state the problem which we are trying to solve with the first proposition for the sake of clarity.
What is the manufacturer’s right In this case, we do not know where the manufacturers would find the device. If they did, they would probably find the device by inspecting it. We therefore believe that, though the manufacturer can claim that the device does not infringe on the inventor’s patent (such as they could in situations where it is not even a patent), they would not be entitled to recover the full amount of damages if the inventor actually caused these damages. To be clear, we are very
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