Vision has discovered that a competitor is making and selling a heater for outdoor use that is substantially similar to that of Vision, which heater is patented although it is not marked with a patent notice. During the patent prosecution process, Vision narrowed some of the claims in the application. The heater, however, represents significant innovation in the industry. Coincidentally, Vision has just received a letter from Gregson Hotels alleging that one of Vision’s swimming pool covers infringes Gregson’s patented swimming pool cover. Vision made and used the swimming pool cover for a few years but has not made it or used it for eight years. Vision has discovered that during the patent prosecution process, Gregson did not disclose all of the prior art regarding the swimming pool cover to the USPTO.

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