iPod docking system infringing patent # 7277765 ?

No one in the distribution chain (manufacturer, distributor, wholesaler, retailer) of a product that Bose believes infringes one of its patents can afford to ignore Bose' infringement allegation. Everyone needs to be concerned because if the product does infringe then everyone in the chain is liable (unless contractually protected). Bose is, moreover, a highly respected, and respectable, company.

As for your question about whether an iPod or iPhone can be a "computer" as that word is used in the patent's claims, no one can tell you w/o a detailed analysis of the whole patent and all the documents sent back and forth between Bose and the Patent Office when the claim language was being hashed out (i.e., the "file wrapper" of the patent).

In short, if you have reason to believe that a product that you make, use, or sell allegedly infringes someone's patent then you need to hire a registered patent attorney (see < http://bit.ly/rdzLA > to search for one) to evaluate the situation. The risk of not doing so is that you may be sued, have to pay an awful lot of money to defend the case, and, if you're found to infringe, you may have to pay Bose substantial money damages for your infringement and the infringement of those down the distribution chain and perhaps even triple that amount if the court is persuaded that you knew you were infringing but you sold your product anyway.

One other thing: most states have a statute within their commercial code that states whenever a manufacturer or wholesaler sells a product the seller warrants that the product is free from infringement claims. Unless the seller and buyer expressly disclaim that warranty in writing that warranty applies to all sales. So, if you're selling an allegedly infringing product you need to hire a patent attorney. Good luck.

A cease and desist letter from a well-known company that clearly has the resources to file a lawsuit claiming patent infringement should NOT be ignored. The demand letter may have spelled out the grounds for their infringement claim, and you should consult qualified patent litigation counsel immediately so they can review this letter, the 2 products at issue, and Bose's patent, and your customer's patent, if there is one, to assess the claim and formulate a response.

As for how the iPod/iPhone can be categorized, yes, it can be categorized as a "computer," but that element doesn't seem to be the essence of this infringement claim or any kind of defense, if the product isn't appropriately classified, to a claim about the docking system.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

To underscore some very critical points, foremost, do not ignore the "complaint." Second, whether the iPod/iPhone is a "computer" and whether that's even relevant depends on whether the claims (the numbered paragraphs at the end of the patent) call for a computer. Ultimately, only a federal judge can decide that a claimed computer covers the iPod/iPhone.

More specifically, your attorney needs to know what you mean by "issue" and "complaint." Do you mean your customer received a verbal complaint, an email threat, a "cease & desist" letter, or was it served with a federal lawsuit? Depending on what you mean by these words, your attorney will likely need to advise you about different courses of action you may (or must) take.

Turning back to the patent and the term "computer"... as noted, the judge decides what the terms in a claim mean (you can only infringe a patent claim, not the patent in general). However, before the judge gets his hand on the case, your patent attorney can competently "construe" the claims by reviewing the patent's history from the U.S. Patent and Trademark Office and the patent's written body and figures (sometimes "is" in a claim doesn't mean "is"). Then your patent attorney will compare the properly construed claims to the accused product, in this case, the speaker system. If the claims "read on" the speaker system, then everyone in the manufacturing-sales chain has a cause for concern. In other words, if the speaker system contains each and every element of even only ONE claim of the patent, you may have a serious problem.

Your attorney will also counsel you about related issues, such as infringement under the doctrine of equivalence (insubstantial differences between the construed claims and the speaker system may be overlooked to find infringement), willful infringement (if you or your agents and partners ignore the "complaint" and continue making, selling, offering to sell, importing the speaker system), several defenses such as patent invalidity, etc.

Patent litigation is VERY expensive, so you should hire a competent patent attorney and figure out where you stand in this landscape immediately. No decision is a decision. If you ignore a complaint (arguably, even a verbal one), you could be accused of willfully infringing the patent claims, which can unnecessarily complicate the problem for you. Put another way, willful infringement could possibly translate to triple damages.

Good luck.

Per the Avvo Terms of Use, this does not constitute legal advice nor establish an attorney-client relationship. Consult an attorney for legal advice.