Can I reopen a case that was closed with prejudice? I spoke to a judge and he said yes it can and this would be new discovery. : I need an attorney to take my case on a contingency as I am the true inventor of the removable reclineable seat It was offered to the car companies at the advice of my patent attorney they refused it and now it is copied. I have proof that I am the true inventor of the sleeper seat patent number 4487451. the patent was narrowed by my attorney what is claimed is is the only pertinent part of a patent removability and reclinabilty were left out but they missed that its recited in that last paragraph. the adjustable platform is mention. all the attorneys that i went to missed this. I have the complete file and it has to be on a contingency with payment when I win.
Stuart’s answer: Based on the patent number provided, this patent woukd have expired somewhere around 20 years ago. The statute of limitations in patent matters is 6 years. Thus, the patent should, by now, be public property and any right to bring a civil action would be barred by the statute of limitations.
Can a friend sue me and would they have a case against me over deleting her pictures off my computer:
so i fix computers as a hobby a friend had a virus on her computer under text i agreed to fix her computer and told her to back up her data or she would lose her data if i fixed her computer and removed the virus i did tell her verbally in person with no witnesses that i could transfer / save them temporary onto my laptop and then a month or so later after fixing it we got into a argument and i deleted her pictures off my laptop we did not transfer them back and is threatening to sue me there is no way to get them back either and there is no witness and for proof and documentation there is only the text messages through social media does she have a case against me to sue me and could she
also what would be the statue of limitation to sue me if she could
Stuart’s answer:
There may or may not be liability here depending on what the terms of your agreement were, but the damages are highly speculative--what's the value of the lost picture?
However, one thing that I strongly recommend is that you do not discuss this in an open forum such as AVVO's platform. You indicated that there were no witnesses to an oral interaction and then went on to effectively admit that the interaction took place (in writing, on a public forum). The contents of the forum could be used as evidence of the interaction.
You should seek out your own private counsel with whom to discuss the potential issues associated with this matter.
USPTO suspension consultation needed?:
Looking for consultation and possible retention of attorney to assist on USPTO suspension of application #88261110 (previously submitted on #87391100). We submitted an application for the trademark of "Brain-centric Design" 03/29/17, were told we needed to reapply due to misclassification and did so on 1/14/19. We were advised to abandon the initial application, which we did, and to disclaim a 3rd parties application (noted below) and have now been advised that our 2nd application is suspended due to the 3rd parties application submitted on 9/12/17 for "Brain-Centric Reliability" #87605557
Looking for someone to consult with CEO/owner to get our trademark unsuspended and finally approved.
Stuart’s answer: It appears your original application went abandoned on 7/8/2019. It also appears that the intervening application was suspended behind your initial application and that your new application is suspended behind the intervening application. Thus, your best bet going to be to try to ACT QUICKLY and revive the initial application, if possible, as you are still in the typical 2-month revival window. However, you should discuss this IN PRIVATE with your TM attorney as there are some issues you will want to discuss.