Legal Question in Intellectual Property in New York
I have a patent that my co-assignee wrote together. We had a business that didn't work using that patent. He moved to another state and publicly developed another business using that patent with 2 of our investors. It is unclear if they are still using our old corporation. Do I have recourse?
1 Answer from Attorneys
You may have recourse either through the patent or through legal fiduciary obligations that partners may have towards one another under certain circumstances. In addition, you may have claims (also known as causes of action) against your partner and investors for interfering with your own business and any contractual obligations that you may currently have in connection with the original business.
You have a good legal starting point. The details need to be reviewed in order to formulate an action plan. Such review is typically not expensive and will empower you to make a decision on how to proceed. Please contact me directly offline.
Roman R. Fichman, Esq.
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