Print

Please login or register.
1 Hour 1 Day 1 Week 1 Month Forever
Login with username, password and session length

[petethebody]

Why don't you bring these claims yourself?  Hold up a business for the cost of disruption: an easy $25-50k.  It's easy money; why not?  Is the reason ethical? Does it seem too risky (what if they don't settle)? Has the boat already sailed in your mind?

I'm just so darn curious why only a dozen companies have brought nearly all of these suits when there is so much motivation for everyone to.

[bleedingpen]

Why don't you bring these claims yourself?  Hold up a business for the cost of disruption: an easy $25-50k.  It's easy money; why not?  Is the reason ethical? Does it seem too risky (what if they don't settle)? Has the boat already sailed in your mind?

I'm just so darn curious why only a dozen companies have brought nearly all of these suits when there is so much motivation for everyone to.

It happens.  Patent law has the equivalent of ambulance chasers, in fact the case that really set this false marking thing in motion was brought by a patent attorney, Pequinot v Solo Cup.

Also see

http://dockets.justia.com/docket/north-carolina/ncwdce/3:2008cv00251/52656/

http://falsemarkingmbhb.typepad.com/mbhbs-false-marking-notes-comments/2010/07/a-bench-trial-in-harrington-v-ciba-vision-leads-to-judgment-in-favor-of-the-defendant-.html

[petethebody]

But what is your own personal reason for not running out to Walmart and going aisle by aisle?  As far as get rich quick schemes go, this is by far the best (I know, best of the worst does not mean objectively best).

[Robert K S]

Perhaps because it's really not a get rich quick scheme, and it carries its own burdens of time and effort and evidence?

But heck yeah, every time I see an infomercial advertising the product as "patented", you know I'm off to my computer to check up on that.

[petethebody]

But how hard could it really be?  Just form an LLC in East Texas for $50, hire some local counsel fresh out of law school, copy the boilerplate complaint from one of the million other complaints out there, and then call and attempt to settle.  Maybe they will.  If not, they will file a motion to dismiss.  You could probably draft a reply in 20 hours based upon those already out there; that would be enough to drag it out 6 months.  Then slam them with discovery requests. 

This seems so boilerplate that it would require about 5-10 hours every few weeks at most.  Isn't anyone even tempted? 

[MYK]

I'm working on it, dammit!!!!!  I just found the mismarked product last weekend.  Sheesh!

I figure five mil in statutory damages, assuming even the most conservative estimate of shipments.  Probably more like fifty.

I can't wait!  I'm going to buy a Ferrari.  BWAHAHAHAHAHAHAHAHAHAHA!!!!

[MYK]

It happens.  Patent law has the equivalent of ambulance chasers, in fact the case that really set this false marking thing in motion was brought by a patent attorney, Pequinot v Solo Cup.

Also see

http://dockets.justia.com/docket/north-carolina/ncwdce/3:2008cv00251/52656/

http://falsemarkingmbhb.typepad.com/mbhbs-false-marking-notes-comments/2010/07/a-bench-trial-in-harrington-v-ciba-vision-leads-to-judgment-in-favor-of-the-defendant-.html

Dude, don't scare me like that.  You could've at least pointed out that the plaintiff in that case didn't do a good job of vetting the patents in issue.

Now, *mine* is clearly mismarked due to expiration, some six years out of date.  Maybe even more if they didn't pay their maintenance fees.  COWER, BRIEF MORTALS.  Er, sorry, channeling some power there.

[bleedingpen]

But what is your own personal reason for not running out to Walmart and going aisle by aisle?  As far as get rich quick schemes go, this is by far the best (I know, best of the worst does not mean objectively best).

I like to earn income based on building value for my clients.  Filing false marking claims in which I am the plaintiff doesn't seem to mesh with that premise.