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John and Andrew Doney invented a hard-bearing device for balancing rotors. Altho

ID: 327343 • Letter: J

Question

John and Andrew Doney invented a hard-bearing device for balancing rotors. Although they obtained a patent for their invention from the U.S. Patent and Trademark Office, it was never used as an automobile wheel balancer. Some time later, Exetron Corp. produced an automobile wheel balancer that used a hard-bearing device with a support plate similar to that of the Doneys’ device. Given that the Doneys had not used their device for automobile wheel balancing, does Exetron’s use of a similar device infringe on the Doneys’ patent? Why or why not?

Explanation / Answer

No, Exetron’s use of a similar device infringe on the Doneys’ patent

As the device of Exetron is similar but not not same as Doneys and also Doneys had only invented the hard bearing device for balancing rotors but had never used it along with automobile wheel Balancer whereas Exetron had use the hard bearing device with a support plate along with the automobile wheel Balancer which differentiates both the product considerably hence there is no infringement of patent.

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