Legal Question in Intellectual Property in Louisiana

patent royalties

the company i work for has been paying patent royalties to another company for using its component. My company built the same component, but the other company had the patent already on it. I am an engineer, and I found the patent and the schematics for the patent. There is something wrong with their design of this component, and i know how to fix it. If I fix this problem with the component, will my company still have to continue paying royalties, and also, would we be able to file a countersuit? any advice would be helpful. thanks.


Asked on 6/06/07, 7:08 pm

1 Answer from Attorneys
Johm Smith tom's

Re: patent royalties

I'm not a patent attorney, but my understanding from filing my own patents in the past is that you would possibly qualify for a patent on what you invent. If that happened, then they couldn't stop you from using your patent, although that requires use of their patent, but you would have to fairly compensate them for your use of their patent. So everyone gets a piece fo the pie. We can put you in touch with a patent attorney in New Orleans; not fee for us.

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Answered on 6/07/07, 12:01 am


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