Legal Question in Intellectual Property in Florida
claim validty
Would a U.S. patent holder who was also convicted felon-who is now out of the U.S. have trouble collecting on a patent infringement case??
Should the patent ownership be transfered to his company or investing relative(sister)??
--name removed--259 727 7921
Asked on 11/23/01, 12:12 pm
1 Answer from Attorneys
Bruce Burdick
Burdick Law Firm
Re: claim validty
Ideally, no. As a practical matter, Yes. The heart of any patent infringement case is a request for an injunction stopping the infringer. One of the defenses is "unclean hands", and a convicted felon has a serious risk of somehow being found guilty of unclean hands. Placing the ownership in the hands of another entity that is free of such baggage is wise.
Answered on 11/24/01, 7:04 pm
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