Legal Question in Business Law in California

Limited companies X and Y, located in the US and Hong Kong respectively, engage in business activities.

X patented a product in the US and asked Y to produce it. X also 'forces' Y to sign a contract promising to not violate the patent in any way. Y subsequently patented the same product in Hong Kong.

Now, X sues Y AND its chief operation manager/shareholder for violating the contract term.

1. Can X sue Y's chief operation manager/shareholder for the misconduct of company Y?

2. How are patents protected across borders?

(Last time I posted this it was flagged as an homework assignment, it is NOT)


Asked on 9/14/09, 12:56 am

1 Answer from Attorneys

1. Depends on the terms of the contract and the COM's personal involvement in the misconduct. Also, you can sue for almost anything, winning is another question.

2. Various ways. There are treaties that cover much of it. There are international tribunals that hear international patent cases. If the U.S. courts can acquire personal jurisdiction over the foreign corporation or individual, you may also be able to enforce in the U.S. courts and then (depending on the treaties and relations with the other country) have the judgment enforced in the other country.

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Answered on 9/14/09, 2:11 am


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