Re: sued in another state

Subject: Re: Re: sued in another state

Comments:
: The post by "get'em!" is correct. Reexamination is not a bad or particularly expensive way to go. : There are other options too. They're "trying" to sue you in a different state? If they haven't sued yet, you can sue in your own state for declaratory judgment (sue to have their patent declared invalid and/or not infringed). Of course, suing isn't free. But I don't think it's any more expensive than defending against their suit against you. To some extent, the first party to file gets to pick the venue. And, litigating in your own state is probably cheaper. : If they've already sued, you can argue that the state in which they've sued doesn't have jurisdiction over you. Of course, your attorney will argue this for you. It's a fairly complex issue, but arguing only this is less expensive than arguing the whole case. It will probably come down to what things you've done in connection with the other state. Do you sell there? Have you been there on business? Do you have business contacts there? If you win on this issue, you should probably expect another suit in your own state (or some state with which you have better contacts). : Of course, you don't have the option of simply ignoring it. It's not a defense to patent infringement to say you didn't want to spend the money in court. Even if you don't think the patent is valid, the court's supposed to determine that. And, unlike criminal cases, you won't be appointed an attorney if you can't afford one. : One thing that might help is soliciting the assistance of a bigger company that might be on the short list of companies to sue in the future. They might be willing to help you out since invalidation of the patent would prevent the patent owner from suing anyone else later. : After all that, maybe reexamination is really the best option for you. It's been a while since I've looked at this particular option, but I think you can file for a stay of your litigation pending reexamination -- in other words, your law suit can be put on hold until the reexamination completes. : I hope that helps. : Regards. : : Let's say the issue is a digital patent regarding the internet that you believe was issued incorrectly due to prior art out there. If the patent holder [who have their offices] in another state try to drag you into court in their state and you live in another state; How do you move the trial to your state? Also, let's say you're broke and can't settle with them and refuse to due to some prior art you have found. What do you do?

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