Legal Question in Business Law in Germany

Patentability when previously published?

I am currently in business with a US-European company. I have completed a ''contract'' with them where they have bought a shipment of goods. My problem is that a large portion of the payment is due next year, and now I have received an e-mail from them stating that they do not need to pay for these goods as there is no written contract (while ''encouraging'' me to pursue legal action in the US if I am unhappy with this): I am sure we have signed such a contract (for these types of contracts my company usually incorporates the CISG) but it appears to be lost. What are my options? Obviously, going to court in the US is not on the top of my list of priorities! Thanks in advance!


Asked on 12/10/08, 4:57 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Patentability when previously published?

Your options are to sit and do nothing, or to take legal action to collect for the goods delivered. The obvious problem is in proving the terms of the agreement if you weren't professional about documenting the 'contract' adequately, and more importantly, determining where you can sue and collect a judgment successfully. If they have a business presence and location in the US, you're better off than having to sue in Europe. It may be possible for your attorney to 'persuade' them to not breach the contract and force litigation. They may be testing you. Feel free to contact me if serious about getting legal help and consultation.

Read more
Answered on 12/10/08, 7:50 pm


Related Questions & Answers

More Business Law questions and answers in Germany