Q: Good afternoon,How is it possible that ExxonMobil is using a technology that is already patented?
I'm asking this on behalf of xxx, he has the patent for that technology.
On the website of Exxon Mobil there is an article, the date is March 6th, 2018 and the headline is: ExxonMobil and Synthetic Genomic Algae Biofuels Program Targets 10.000 Barrels per day bij 2025.
Patent number 9637760
A:
There are several possible answers.
1) Exxon Mobile (EM) has found a variation to the process that they believe lacks one of the requirements in each of the independent claims of this patent and thus they do not infringe.
2) EM believes that the patent should not have been issued as it was either not new or was an obvious recombination of known ideas. They can move forward and take the risk that they will win at trial that the patent in invalid.
3) EM is going to do whatever they are doing in a country where this patent does not apply.
4) EM is not aware of the patent.
5) EM is aware of the patent but does not fear the patent owner as the process of asserting a patent is expensive and they do not feel the patent owner has the capacity to assert the patent (I hope that this is not the case but for sake of completeness I needed to include this.
You need to take what you have found to a patent attorney with litigation experience to look at the fact pattern and decide if a letter to EM is appropriate.
Kevin E Flynn
Peter D. Mlynek agrees with this answer
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