Bosch Lawsuit

Bosch Table Saw Case Overview

A Bosch lawsuit is a device manufactured by Bosch to protect employees that are at risk of being harmed on the job. The lawsuits were originally designed to be used by truckers who were driving large trucks on the open road without being insured or having a proper permit to do so. In this case the company recognized that the trucks, while traveling on the road, could be subject to accidents. Some accidents could be very serious and even fatal. The International Trade Commission brought the lawsuit against the company that marketed the device to truckers and the U.S. Department of Labor.

The Federal Trade Commission charged the company with producing products that did not fall within the guidelines set forth by the patent office for a table saw. The company was ordered to remove all devices that promoted table saw use from the retail marketplace. It was also ordered to change all advertising and marketing literature to not mention the product name or promote it in any way. While the Bosch Company attempted to appeal the court and fight the ruling there was no success.

The International Trade Commission ruled that the roving table saw was an unsafe product and the company knew it. They were aware of the potential danger and took safety precautions that should have been in place. Had they marketed their product correctly, they would have sold it in a different manner and not allowed access to the public. The Commission found that Bosch presented an inadequate safety disclosure and knew about the flesh-detection technology that could have been marketed to consumers but did not disclose to them. They also found that Bosch failed to provide adequate warnings that the table saw could potentially be dangerous. If the company had sold their products responsibly and provided clear and reasonable warnings they might have avoided the infringement upon the rights of their customers.

The two companies appeal the breach of their patents. Bosch appealed that their patent was a matter of public notice and therefore infringed upon the legally granted patent by the US Patent and Trademark Office. In addition, the Commission found that the products presented a reasonable safety hazard and were sold within the United States. Additionally, the fact that the parties were not associated with each other and were doing business in separate locations and were unlikely to come into contact with one another while conducting business resulted in no likelihood of confusion or error of purpose. The parties failed to identify a single point of similarity between their products that would result in the granting of the patent. Finally, the fact that the parties did business in different countries and did not conduct substantial communication with each other resulted in no likelihood of dilution of the protection to the patent.

The two companies will now proceed to trial. There is a motion to dismiss which has been filed by the lawyers representing the parties. The motion to dismiss is a motion which challenges the legality of the ruling in the case. The ruling in the first instance came down on what was considered as an improper request for compulsory mediation and an attempt to extend the date of the patent infringement lawsuit beyond its original term. The parties are now asking for the court to vacate the lower court’s ruling which would reinstate their case.

Both sides have made their arguments, however, this is only one of several cases dealing with the subject matter of table saws and patents. As many of you may know there are many different types of these tools and many different manufacturers who produce them. Table saws can be purchased from a variety of different sources including shops, catalogs and online. If you have been injured or your property damaged in an accident due to using a table saw or if you believe that you have such a case, it is always advisable that you contact a qualified personal injury lawyer who will be able to determine whether or not you have a valid patent protection claim against the manufacturer of the table saw in question.

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