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Topic: Need help with Patent Infringement (Read 6537 times) |
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underdoginventor
Newbie
Posts: 1
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Need help with Patent Infringement
« on: Oct 5th, 2006, 5:26pm » |
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I am an independent inventor who has spent most of all my money patents. 2 of them. My product has been market tested by a large company who is saying they will take on the product this year. While waiting on this company two other companies whom I had earlier submitted packages to came out with my product or idea. They are much larger than the honest company I am dealing with. I am afraid this is going to close the legitimate deal because of the possible infringement. This product is beind sold in Wal Mart, Home Depot, and on the internet directly by the company. I am scared to call them because I have been warned I can be sued, my patent will be fought over, and I just do not know what to do. Money is gone, liscense deal in works, good news or bad news...... Web sites say it can take an average of $500000.00 to fight infringement. I am not making this product yet. Is there anyone out there who actually works on contingency cases and does not advertise that they do. I have not even gotten to submit my information to the ones I have found on the internet for contingency. Looking for help to get on or off of this damn thing they call patents and protection. More than willing to pay for the services if collected or if liscense deal goes through.
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JimIvey
Moderator
Senior Member
 
Posts: 2584
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Re: Need help with Patent Infringement
« Reply #1 on: Oct 5th, 2006, 7:21pm » |
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If you can share the patent numbers with me (probably best in private -- unless you don't mind tipping off the "targets"), I'll see if I can do anything. My contacts are primarily in computer technology, but I can ask around.
Regards.
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James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
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Bill Richards
Full Member
Posts: 758
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Re: Need help with Patent Infringement
« Reply #2 on: Oct 5th, 2006, 7:44pm » |
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I know a highly-experienced patent litigator who might be interested in taking your case. Please contact me off-line.
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William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
614/939-1488
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rougie
Newbie
Posts: 16
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Re: Need help with Patent Infringement
« Reply #3 on: Jul 29th, 2007, 8:21am » |
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Hello,
I don't beleive what I am reading in your post!
So what is one to do to sell his/her product without getting the idea stolen from big corporations..... build it and sell it from China ! !!!?
The reason I sympathize with you, is that I might run into the same situation.... Patents should protect us in the sense that the lawyer firm that drew up the patent should defend us based on the punitive damages they can collect from the the adversary. (In other words let the firm take some risk in all this... as their patent services don't really com cheap!). But I guess this would be too convinient for inventors.... so then what's the use for a small guy to get a patent... So I guess In this case a patent is worth zero!
Regards Robert
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JimIvey
Moderator
Senior Member
Posts: 2584
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Re: Need help with Patent Infringement
« Reply #4 on: Jul 30th, 2007, 8:49am » |
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First of all, there are firms that take on patent litigation on contingency (share of the proceeds). Of course, the quality of your patent matters.
Second, it's generally not advisable for the attorney who prepared the patent application and achieved issuance of the patent to litigate the same patent. The attorney could be a witness and it's always awkward for an attorney to question herself on the witness stand. It's even awkward for the attorney to be questioned by her firm partner.
Third, patents aren't "drawn up" by attorneys like, say, a contract. There are circumstances beyond the knowledge of the attorney that could make the application (or the resulting patent) unenforceable. Those circumstances have nothing to do with the quality of the services provided by the attorney.
All patents have risk that cannot be eliminated until they expire. If you don't like that, don't apply for a patent. Go take a safe job and save up for your retirement over several decades.
Regards.
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IP Logged |
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James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
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