Re: Re: Re: INFRINGMENT

Subject: Re: Re: Re: Re: INFRINGMENT

Comments:
: : : : I have a question Mr. Auslander-----if you own a patent and you are open for business and a person comes in form another state, buys your device and returns to their state and starts their own company even using your informational material and coppies your patent would it best to file the lawsuit in your home county where the company is and the person came with the intention of infringing on your patent and then serve them in their state since the infringment took place your city? : : : Dear J. L. Deal, : : : The ugly truth is that you have to start with an analysis of your patent claims as appliced to what has been done. There may be questions of unfair compeition and or copyright infringement. Law suits are expensive for all parties. : : : M. Arthur Auslander : : : Auslander & Thomas-Intellectual Property Law Since 1909 : : : 505 Eighth Avenue, New York, NY 10018 : : : 212-594-6900, fax 212-244-0028, aus@auslander.com : : : America On line Instant Messenger screen name artauslander : : : ELAINE'S Workshop(sm) : : : E arly L egal A dvice I s N ot E xpensive(sm) : : Let's say, an analysis of the patent claims has been reviewed and applied to what has been done. The conclusion was willful infringment. Is it true that if you send a letter to ask them to stop, they can file a lawsuit in their state they are in before the person that has the patent. That would put you in their court. so, by filing a lawsuit in yourstate would give you a better chance of working out an agreement. Right? : Dear J.L. Deal, : You are now dealing in legal subtleties that cost big dollars and may not be cut and dried. The courts also do not like Forum shopping. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : America On line Instant Messenger screen name artauslander : ELAINE'S Workshop(sm) : E arly L egal A dvice I s N ot E xpensive(sm) :

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