Product that particularly assists children with autism

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Please answer the following question(s) and reply to two other posts. If you attended live, you will get extra credit for answering.

Company A creates a product that particularly assists children with autism in being able to feel comfortable. This device is worn on the clothes, and activated during adapted swimming activities to move the blood around through the body in such a way to make autistic youth "happy." The device, called "Assistant", is purchased by nearly all nonprofits serving autistic youth.

Company B created a patent - still active - 15 years before the adoption by Company A of "Assistant". This product was a "clothing" add-on, which included clips or assistive devices to make it easier to hold devices while swimming. It also included that any assistive device used during swimming would be covered. In the 15 years since receiving the patent, Company B has not created any actual product. Company B is known for creating patents just to profit when it finds out about products that infringe on the patents in any way, sending demand letters.

Company B finds out about the product, and demands that Company A pay for continued use. SHOULD Company B win? Will it win? What are the damages?

Reference no: EM132287504

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