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I have a patent infringement issue. IT appears that someone is infringing on my father's patent.What is the solution?

Virginia Beach, VA |
Filed under: Patent infringement

Please provide some assistance.
Contact:
[personal info withheld]

Attorney Answers 6

Posted

No way to answer your question--you provide no workable facts--other than to say see a lawyer.

1. Contact avvo and ask them to remvoe your personal information. This is a public website and you may begin getting called by all manner of people.

2. Call the VA state bar or your cournty bar association and request referral to patent law attorney near you. Or you can try the avvo 'find a lawyer' option.

3. Solicitations violate the terms of use of this site.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

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Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

flagged for presence of personally identifiable information

Posted

The ONLY way to proceed is to have your own intellectual property attorney review the facts to determine if your father has a valid infringement claim.

The above is general information ONLY and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action. I am not your attorney. You should seek the advice of competent counsel before taking any action related to your inquiry.

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Bruce E. Burdick

Bruce E. Burdick

Posted

Not the only way, but a good way. Perhaps a better way would be to have YOUR FATHER contact an IP lawyer directly, specifically a patent infringement litigator, since if he owns the patent he would most likely need to be the plaintiff.

Posted

http://www.avvo.com/find-a-lawyer

is the proper section for finding legal counsel this section is for questions.

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Posted

I suggest that you have YOUR FATHER contact an IP lawyer directly, specifically a patent infringement litigator, since if he owns the patent he would most likely need to be the plaintiff. If he is not able, then you should do it for him and the lawyer will know how to proceed to get the proper title in the proper person to be plaintiff. Patent litigation is very, very expensive and few cases are big enough for contingent fee litigators to seriously consider them. Good Luck.

PS Next time do not put your contact information.

I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is at your sole risk. This is done without compensation as a free public service. I am licensed in IL, MO, TX and I am a Reg. Pat. Atty. so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction.

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Posted

Short Answer: First, you need a patent attorney to compare the claim(s) of the patent to the product or process or design that you believe infringes it. Next, only the patent owner, assignee or exclusive licensee can sue on the patent, so if you want to initiate a lawsuit, you need to get such rights first. Finally, you and your attorney need to find the best strategy to deal with any infringement in a way that makes the most sense for your particular case. Good Luck.

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Posted

Short Answer: First, you need a patent attorney to compare the claim(s) of the patent to the product or process or design that you believe infringes it. Next, only the patent owner, assignee or exclusive licensee can sue on the patent, so if you want to initiate a lawsuit, you need to get such rights first. Finally, you and your attorney need to find the best strategy to deal with any infringement in a way that makes the most sense for your particular case. Good Luck.

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