Handy Wheels and the Patent Issues

Handy Wheels is a small wheelchair manufacturer who designs and manufactures custom manual wheelchairs for active people with disabilities. One of its new designs uses a suspension system to create a smoother ride over rough terrain. Another wheelchair organization creates a chair with a virtually identical suspension system though the chair itself is not identical.

Assume Handy Wheels owns the patent on the suspension and answer the following questions:

  • What course of action would it have against the competitor?
  • What remedies are available?
  • What defenses might the competitor assert?
  • What if Handy Wheels was in the process of applying for the patent but had not done it yet? Does that change the outcome?

Discuss your answer with appropriate reasoning.

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