Legal Question in Intellectual Property in Massachusetts

Foxy suit

In 1992 I entered into a settlement agreement with the ''A'' Corp. Part of the settlement agreement said that in the event of the dissolution of Corp ''A'' certain patent rights would revert equally to myself and the other co-inventor. In Aug 1998 the Commonwealth of MA dissolved Corp ''A''. In Aug 1999 Corp ''A'' revived the Corp by paying certain back fees due. Since the settlement agreement said I got patent rights to a patent in the event of the Corp dissolution - did I lose these rights when the Corp was revived? Thanks-


Asked on 12/21/00, 1:41 pm

2 Answers from Attorneys

Thomas Workman Law Offices of Thomas Workman

Re: Foxy suit

The answer may be found in the fine print of your agreement, the agreement must be read very carefully. You also need to know what has been assigned at the US PTO.

Barring any new information, it would appear that you and your co-inventor have whatever the "certain" rights were. You really need to discuss this with a patent attorney, especially if you plan to do anything with your new-found "rights". The answer to your question is part state law, and part Patent law, so be sure to get someone who understands both. If you are in the Southeast part of Massachusetts, I am a licensed Patent attorney. You can find other Patent Attorneys at the site: WWW.USPTO.GOV.

Good luck!

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Answered on 12/26/00, 11:01 pm

Re: Foxy suit

I think you have a strong claim for the reversion of the rights described in your contract.

Has the company been able to make (or show that it can make) some money with whatever is patented?

Did the company agree to pay you any royalties? What did they pay you in the first place to get the rights? Who actually obtained the patent, anyway, them or you two?

You ought probably to have a lawyer negotiate with that firm if you really want them to keep developing that market but want to be paid anew or something additional. If you want to just use the patented method (or whatever it is), you're in even better shape! It depends on what you want to do.

If there's any value / money in this, that is, if it matters, I suggest you contact and hire your own attorney in the field. (Don't just try to rely on free advice!)

Why is this called

"foxy suit?" -- Does that have something to do with what you invented?

Good luck.

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Answered on 12/27/00, 12:04 am


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