Legal Question in Intellectual Property in California

patent infringement

Two major US companies (X and Y) will be going to court in Fall 07 on a patent infringement. X sued Y last year claiming Y was infringing X's patents on an Internet related technology.

Fact:

- I (my company) designed and built the product (that Y is being sued for) and demoed it to X two years before X filed the patent for it!

- Also, a year before the patents were filed, X proposed a settlement (out fo court) that I rejected (it was a redicolous one)

I contacted Y hoping we could partner against X (X tried to settle with me few years back - there was no Y at that time). Y (which went public in 2006) referred me to X as their wittness! Within 48 hours X sent me legal letters to appear in a deposition.

I am told I can not sue X nor Y. Is that correct? I can not sue X (something I wanted to do before contacting Y) and I can not get compensated by Y (for helping them) because I am a wittness.

IS THIS TRUE?

Here's more info:

- my name is not on the patents X has filed (it should)

- the technology was built and demoed more than 6 years ago.

- I know about X's patents since X-Y lawsuit made it to the news (in 2006)

- I live in the US.


Asked on 1/14/07, 11:48 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: patent infringement

The propositions about which you ask "Is that correct" and "IS THIS TRUE" do not seem, at first blush, to be true or correct. Possibly there may be some limitation on your rights due to your posture in the case, but more likely than not, you or your company can sue either X or Y, or, upon advuce of counsel, you may want to intervene in the present case as a cross-complainant.

If the claims of the patent really only recite known or obvious technical knowledge at the time of the application, the patent is very likely subject to invalidation. It is possible that one side or the other, or possibly both X and Y, is/are misleading you because they are vulnerable to your asserting the facts.

Whatever the validity of the patent or the merits of the infringement suit, your position and rights seem to be very crucial, and I think you are short-sighted if you don't have at least an initial conference with independent patent counsel retained by and loyal to you and your company, rather than absorbing this likely self-serving hokum being dished up by attorneys for X and Y.

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Answered on 1/15/07, 12:09 am


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