Legal Question in Business Law in Maryland

Re: couse of action

Anyone that guarantees you a patent is undoubtedly a fraud. Without seeing your contract, it is not possible to say what rights you may have. Consult with a lawyer quickly, as the deadlines to file a patent application and possibly protect any rights you may have are short.

Re: couse of action

There are numerous aspects to your case. A potential case

of misrepresentation through advertisement exists. Most

importantly there are contract actions (breach, failure of consideration,

illusory promise, etc.) which I cannot address due to lack of details. There

is a potential fraud case but these are not that common. Then there are actions

relating to the underlying patent, if such substance exists in the invention to make

it patentable. Here there may be large losses where the idea was patented by someone

else and a nexis can be shown to lack of performance with the patent firm you had hired (or it can be

shown that the patent firm usurped the opportunity). If no patent has issued, there may be a timeliness

issue in that you need to be first to file for the patent.

I am a reasonable priced Maryland attorney and am available to serve you to pursue all reasonable remedies.

Contact me at (410) 799-9002 (leave message if I am not there).

G. Joseph Holthaus III, Attorney-at-Law

Re: couse of action

Since you included California in your list of states, I am assuming that you live in California.

I would need to see the contract that you signed to determine your rights under that agreement, but there are other causes of action that you may have, such as fraud and misrepresentation.

Since they are advertising on TV, there could be a Federal offense here, and you might want to get the FCC involved.

Let me know if I can help. 925-924-0100