But even if processing is completely abandoned in
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But even if processing is completely abandoned in lieu of attempting to sell processors,
The problem with this plan is that not only does JBI lack patent protection, but the international search report, done by the patent office for their abandoned application, cited several issued patents that already covered everything disclosed in Bordynuik's application.
That means there's a potential that JBI could be sued for patent infringement if they commercialized their processors, and so too could customers if they used those processors to produce a commercial product.
The IP position is one of the first things a "national engineering firm" or customer would carefully examine before getting involved in anything like this.
Longs should be asking the company how they are going avoid patent infringement lawsuits in a heavily patented field, when they don't have any patent position.
How will JBI ever be able to attract a customer or "national engineering firm" without a patented technology? This late in the game, just submitting another ill-fated application that will likely get rejected won't fool anyone.
Even if they use their trade secret magic catalyst, or manage to add several novel features to the processor, that doesn't get them off the hook if they sell a processor that has any feature whatsoever that infringes an issued patent.
JBI would have to license rights from the patent holders in order to be free to operate. But JBI doesn't have money for that kind of thing. And besides, JBI might as will just become a distributor for someone else's processor if their own processor just copies what already exists, as the patent office's report suggested was the case.