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by makeworldbetter » Mon Mar 31, 2008 11:18 am
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makeworldbetter - Black Belt
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Rougie
I am confused. You filed a patent and other can sue for infringement?
Did you use their patent as one of your component?
If so you need to get a license from them before you can make yours. But apply patent on your own idea is fine.
I am confused. You filed a patent and other can sue for infringement?
Did you use their patent as one of your component?
If so you need to get a license from them before you can make yours. But apply patent on your own idea is fine.
by rougie » Mon Mar 31, 2008 1:07 pm
- rougie
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Hello RoadShow!
Thanks for warning me about due deligence and I appreciate it !
But that's just it according to my patent attorney, he is convinced that I am not infringing! And I don't know what my intentions are right now... weather I would licence, sell or stop the project. And I have to file the patent this month or I loose the priority date. Quite discourged!
So I was wondering if you can answer my next question!
1>>> Mega sends a cease and disist letter
2>>> I decide to send them a non-infringment opinion letter
3>>> They refuse my opinion letter and decide to sue me!
4>>> What are my chances of getting a patent litigator to litigate for me on a contingent fee basis? I mean is this even possible... Because remember *I* am the one being sued... so I am the defender... and therefore the plaintiff is the one that would be sueing for liabilities right? And so if I win the case what's in it for my patent litigator hired on contingency?
I am just currious on how the law works... I thankyou in advance for your feedback RoadShow!
With regards
Rob
Thanks for warning me about due deligence and I appreciate it !
But that's just it according to my patent attorney, he is convinced that I am not infringing! And I don't know what my intentions are right now... weather I would licence, sell or stop the project. And I have to file the patent this month or I loose the priority date. Quite discourged!
So I was wondering if you can answer my next question!
1>>> Mega sends a cease and disist letter
2>>> I decide to send them a non-infringment opinion letter
3>>> They refuse my opinion letter and decide to sue me!
4>>> What are my chances of getting a patent litigator to litigate for me on a contingent fee basis? I mean is this even possible... Because remember *I* am the one being sued... so I am the defender... and therefore the plaintiff is the one that would be sueing for liabilities right? And so if I win the case what's in it for my patent litigator hired on contingency?
I am just currious on how the law works... I thankyou in advance for your feedback RoadShow!
With regards
Rob
by rougie » Mon Mar 31, 2008 1:13 pm
- rougie
- White Belt
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- Joined: Sat Mar 15, 2008 6:29 pm
Hello makeworldbetter,
No,no, no,! I did not use their patent as one of your component? I am just paranoid and wooried *if* in the event (anything is possible in this world you know!) that I should be infringing... what would be my options ?I described the scenario to Raodshow in my last post.
With regards
Rob
No,no, no,! I did not use their patent as one of your component? I am just paranoid and wooried *if* in the event (anything is possible in this world you know!) that I should be infringing... what would be my options ?I described the scenario to Raodshow in my last post.
With regards
Rob
by Road Show » Mon Mar 31, 2008 1:43 pm
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Road Show - Brown Belt
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rougie wrote:Hello RoadShow!
Thanks for warning me about due deligence and I appreciate it !
But that's just it according to my patent attorney, he is convinced that I am not infringing! And I don't know what my intentions are right now... weather I would licence, sell or stop the project. And I have to file the patent this month or I loose the priority date. Quite discourged!
So I was wondering if you can answer my next question!
1>>> Mega sends a cease and disist letter
2>>> I decide to send them a non-infringment opinion letter
3>>> They refuse my opinion letter and decide to sue me!
4>>> What are my chances of getting a patent litigator to litigate for me on a contingent fee basis? I mean is this even possible... Because remember *I* am the one being sued... so I am the defender... and therefore the plaintiff is the one that would be sueing for liabilities right? And so if I win the case what's in it for my patent litigator hired on contingency?
I am just currious on how the law works... I thankyou in advance for your feedback RoadShow!
With regards
Rob
As far as I understand, you want a lawyer to represent you but agree to be paid contingent upon the outcome of the trial? If you are being sued, then a favorable decision for you is that MegaCorp does not recieve monetary damages from you and you are not found to be infringing on MegaCorp's patent. Not sure of the expense involved, but imho you wont find a lawyer capable of defending you successfully who will agree to be paid only if you are exhonerated. I don't know if you can successfully counter sue for damages if exhonerated in order to pay your legal bills. Maybe there could be a binding arbitration agreement or something...I'm not a lawyer.
by rougie » Mon Mar 31, 2008 1:55 pm
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- Joined: Sat Mar 15, 2008 6:29 pm
Thanks RoadShow for your honest opinion!
I believe its called "costs to the defender* or simply "a counter sue for legal fees" I am not sure about this but it seems to be what I was describing.
The bottom line is that it is a little too pre-mature to know whats going to happen. So I think I have tried to explore my options the best I could and now I think I will lay it to rest and go on with my business.
Who knows I might just call up a mega and negotiate for licencing! For all I know the patent has been drawn up by my attorney so well that I really would not be infringing and it will be business as usual. Maybe its wishfull thinking... or maybe it just is what it is! Worrying about all of this is really not good for the health and that's all we really ougth to look out for!
I wish you a nice day Roadshow, its been a pleasure chatting with you and veryone else in this site!
With sincere regards
Rob
I believe its called "costs to the defender* or simply "a counter sue for legal fees" I am not sure about this but it seems to be what I was describing.
The bottom line is that it is a little too pre-mature to know whats going to happen. So I think I have tried to explore my options the best I could and now I think I will lay it to rest and go on with my business.
Who knows I might just call up a mega and negotiate for licencing! For all I know the patent has been drawn up by my attorney so well that I really would not be infringing and it will be business as usual. Maybe its wishfull thinking... or maybe it just is what it is! Worrying about all of this is really not good for the health and that's all we really ougth to look out for!
I wish you a nice day Roadshow, its been a pleasure chatting with you and veryone else in this site!
With sincere regards
Rob
by Patent_Attorney » Thu Oct 16, 2008 5:21 pm
- Patent_Attorney
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- Joined: Tue Oct 14, 2008 12:17 pm
A patent gives you the right to prevent others from being able to make, use, or sell the patented product.
You have the right to sell and or license the patent, but not to produce a product with the patent if it infringes upon a BLOCKING PATENT. You can either cross license or sell the patent to the owner of the blocking patent.
I can discuss the specifics privately with you and even prepare a formal infringement opinion on the matter if you desire. (required by courts to prove non-willfulness of infringement)
You can contact me through my website
http://www.freewebs.com/patent-invention/
Thanks
You have the right to sell and or license the patent, but not to produce a product with the patent if it infringes upon a BLOCKING PATENT. You can either cross license or sell the patent to the owner of the blocking patent.
I can discuss the specifics privately with you and even prepare a formal infringement opinion on the matter if you desire. (required by courts to prove non-willfulness of infringement)
You can contact me through my website
http://www.freewebs.com/patent-invention/
Thanks
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