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Re: I dev'p site->partner patents in own name->creates co.->assigns->co. gets $


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Posted by M. Arthur Auslander on March 18, 2000 at 04:54:48:

In Reply to: I dev'p site->partner patents in own name->creates co.->assigns->co. gets $ posted by Fred Lee on March 18, 2000 at 02:01:39:

: A friend shared an original idea with me, together we refined it (over a few weeks of non-stop face-to-face contact), and I built a web site using the concept. Meanwhile, he looked for people to fund it. Stupidly, we made no agreement--we were just two people trying to make a business.

: I have another business, so once the site was lauched, I left everything to him.

: It was a hit. He applied for patents, a few days after site launch, without using my name. Then he formed a company, which is closing a round of funding in the millions of dollars.

: After arguing these 3 months for my fair share(s), the discussion has broken down, and I am investigating legal options. He has refused to give me any portion of the company, which he feels is protected by the patent, which he feels he owns.

: Let me be clear here--I made the entire site. The patent applications were submitted subsequent to the launch and possibly made use of screenshots, etc. generated by my software. I have not seen the patent applications, but I believe one of them resulted from our discussions (there were three.) Nevertheless, the whole thing WAS his idea; my contributions were refinements of his ideas.

: Do I have a claim on the patents? Should my name be on them, and if so, what is the legal way of making it clear that it should be? (US patents) How does that translate into my getting my fair share of the company?

: Advice and information regarding attorneys who handle these sorts of cases would be appreciated.
It pains me to see how much can be lost by niavete. It is not clear from what you post how far your rights extend but you may have enforceable rights. It's people like you that got me started on ELAINE's Workshop. E arly L egal A dvice I s N ot Expensive.
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
ELAINE's Workshop (sm)
E arly L egal A dvice I s N ot E xpensive




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