Legal Question in Intellectual Property in Oklahoma
Patent Infringement Case
I am witness in Federal Court Patent infringement case. I have a contigency lawyer but we have not signed any agreements. I have proof that I am inventor if not co-inventor.
Is there a cheap way (without filing a lawsuit) to have the judge review the records and place my name on the patents or is he allowed to do that? The defense is claiming the patent is invalid because the plaintiff did not have a co-inventor involved in the lawsuit with them.
Is the judge only allowed to do what is requested in the filings by either the plaintiff or the defense? Or can she add me as a coinventor on her own initiative? Is there a cheap way I can file to get my name on the patent? Is there anything cheap I can file or do to get my name on those patents that are rightfully my inventorship? There was no fraud involved, the president and I just didn�t understand patents back then, so he put his name down as inventor so he could get the royalties. Little did I know they paid big royalties.
1 Answer from Attorneys
Re: Patent Infringement Case
First, a disclaimer: I'm not a patent attorney. Even if I were, that wouldn't change my reply.
Your questions are best handled by competent patent counsel. So, do some checking on the counsel that you've lined up; ask him/her for references, if need be, and check to make sure they're licensed by the state, AND registered to practice before the Patent Office in Washington (if they're not registered, then, they're not a patent attorney).
If after your checking around you're comfortable moving forward with them, then, have a frank discussion as to what, exactly, the costs, fees, and expenses are - and are expected to be - for which you'll be responsible. Make sure that you understand your obligations, and those of your attorney, finacially or otherwise, win OR lose. If you've no idea how a contingency arrangement works, then, ask all of your questions and get your concerns addressed before signing any agreements.
Your best ally in these relatively complicated proceedings is a patent attorney in whom you trust, and with whom you've forged a healthy attorney-client relationship. You owe yourself that first and foremost. To try and do this yourself and/or 'on the cheap' will be a great disservice; I'd counsel against it in the strongest terms. -DLI
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