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   Fraudulent Patent Assignment
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   Author  Topic: Fraudulent Patent Assignment  (Read 600 times)
Rich Earls
Fraudulent Patent Assignment
« on: Jan 10th, 2006, 3:56pm »
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I have been selling product X manufactured by company A for almost ten years in the US.  Company A has patents covering X.  I also have been selling product Y that is also covered by Aís patents, but manufactured by company B.  The patents have been assigned to me just before a patent litigation against a competitor with the arrangement that I and my sub-distributors will pay 75% of the litigation cost.  We settled out of court after spending close to $2M.  Recently A asked me to reassign the patents back to A with no apparent reason.  As a distributor, Iíve done so to keep our relationship smooth.  Let me also say that I am related to the owner of A hence the rather unusual handling of matters.  I found out right after the assignment that the owner has sold the company to company C.  It is apparent that C demanded the patent reassignment as a condition of the take over.  Now C can sue me and B for patent infringement and put us out of business.
Iíve received nothing in return of the reassignment.  Can I go the court to have it rescinded based on the fraudulent intent?  I did ask owner of A that if he is trying to sell the company and he said no.  He also told me that he does not recall the original assignment in the first place and he would sue me to take it back if I donít agree to the reassignment.  After the fact, I read through the deposition paper from the above litigation and found out that he did testify that he was aware of the assignment.
Please give me some idea.  Thank you.
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