Legal Question in Intellectual Property in California

Re: Patent pending infringement by previous partners!

An attorney representing you in defense of your rights would have to review the factual background of your potential claims before advising you of your substantive or procedural rights. The factual background review would focus on the extent of protection of intellectual property rights that existed, and who owned the intellectual property after the dissolution of the partnership.

If it appeared that the ideas which are the subject of the pending patent are now currently afforded protection as trade secrets or otherwise, and that you were the owner, you might be able to obtain an injunction as well as money damages. An injunction would probably be the more important remedy at this stage. A well-drafted complaint should allege various breaches (assuming there are factual grounds) including misappropriation of trade secrets, breach of fiduciary duty, etc.

A review of the patent application and its processing status at the PTO would also be helpful. Ultimate grant and validity of the patent will be important to your case, but a first step is to review the strength of your claim to the invention, whether patented, patent pending, or mere trade secret.

Re: Patent pending infringement by previous partners!

The first step in this matter would be to hire a patent attorney who is able to look at you patent application and the technology being used by the partners and determine whether an infringement problem exists. If, in fact, your technology is being infringed, a cease and desist letter should be sent right away to the former partners. I'd be happy to give you an initial consult on this for free.