“Patent Infringement: Delivery of Non-Infringing Products May Result in Lost Profit Damages,” Bret A. Hrivnak, Esq.

The recent case of American Seating Co. v. USSC Group Inc. serves as a good reminder that patent infringement may arise not only from the sale of an infringing product, but also from the mere offer to sell such a product. Additionally, lost profit damages may arise from an infringing offer even if substituted, non-infringing products are actually delivered to the customer instead of those initially offered for sale.