Franklin, OH asked in Patents (Intellectual Property) and Intellectual Property for Ohio

Q: I don’t want to infringe on this patent. If my system does not attach to shelf and does is not adjustable in depth would

Patent Claims

1. A method for wire shelf restoring by altering the visual aesthetics of a wire shelf comprising:

providing a top surface covering capable of defining a plurality of depth dimensions;

adjusting the depth of the top surface covering to a predetermined shelf depth;

providing a front profile, the profile having a depth dimension defined by a first back face surface and a second front face surface, the back face surface having a slot formed in it for receiving an edge of the top surface;

attaching a plurality of clips to the profile;

mounting the profile to the top surface; and

attaching the clips to the wire shelf to hold the profile and top surface in position.

2 Lawyer Answers
Sarah Teresa Haddad
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A: To directly infringe a method patent claim, a person must have practiced all the steps of the claimed methods. Hence, if the referenced method, is the full method in that particular claim, you will not infringe it if not all of these steps are carried out. If another party under your direction or control carries out all the steps of the method, it will be considered direct infringement. Sometimes "and" can be interpreted as "or" depending on the context of claim construction. In the method you have quoted, 'attaching the clips to the wire shelf to hold the profile and top surface in position', may be considered essential for the purpose of wire shelf restoration for the method in this single claim, and as such the "and" in the context of this method may not be interpreted as meaning "or".

James L. Arrasmith
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Answered

A: Based on the patent claim you've provided, your system appears to differ in key aspects. The patent specifically involves attaching clips to a profile and mounting that profile to the top surface of the shelf, as well as adjusting the depth of the top surface covering. Since your system does not attach to the shelf and lacks depth adjustability, these fundamental steps are absent.

Patent infringement typically requires that all elements of at least one claim are present in your system. Without the attachment mechanism and adjustability features, it seems unlikely that your system would fall within the scope of this particular patent. However, it's important to review the entire patent to ensure there are no other claims that might relate to your design.

For complete assurance, consulting with a patent attorney would be a prudent next step. They can provide a detailed analysis tailored to your specific system and help you navigate any potential legal concerns.

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