Thank you. I have not personally been served, I found out about it via emails from two different patent attorney firms offering their services, with the lawsuit attached as a courtesy. The lawsuit looks legit to me. I live in Tahoe so don't get mail but will check today and also check with my registered agent in Reno.
Can you recommend me a patent attorney? Any idea on how much this could cost?
Wow, that's a (really sleazy) angle I haven't heard of before. I wouldn't respond (at all) to any unsolicited e-mails from random groups offering their "services" in this matter. This sounds almost like a patent version of the car warranty scam - "Warning - this is our last notice. You may be responsible for all repairs!" Yeah, ok...
Unfortunately the patent attorneys I've worked with are in very large international firms with a price tag that goes along with that. I can provide some recommendations but I suspect (and please don't take this the wrong way) they won't be of much use to you.
Basically an NPE files a lot of lawsuits at once, legal companies are monitoring the lawsuits and will proactively reach out to potential customers.
In my case the firms that reached out were mostly tier one national law firms and they were very familiar with the NPE. And like the OP I was unaware of the lawsuit because they served our corporate agent in Delaware. So it was quite useful.
You need to see if you have been served, as it’ll require a signature, not just something in the mail.
It’s patent so you can’t file an anti slapp, but until you have been properly served you need to find hearing dates and BE THERE, and demand a dismissal based on improper service. The court will almost always dismiss it, have you served right then and there but it does drag the clock.
Also get a lawyer don’t listen to strange people like me on the internet. Most likely it’ll involve some posturing and mediation or a settlement.
Also what will happen is your lawyer will send them a request to serve them on your behalf. It’s only the beginning. Things drag slow for months then speed and slow down.
kkielhofner|4 years ago
Unfortunately the patent attorneys I've worked with are in very large international firms with a price tag that goes along with that. I can provide some recommendations but I suspect (and please don't take this the wrong way) they won't be of much use to you.
pnw|4 years ago
Basically an NPE files a lot of lawsuits at once, legal companies are monitoring the lawsuits and will proactively reach out to potential customers.
In my case the firms that reached out were mostly tier one national law firms and they were very familiar with the NPE. And like the OP I was unaware of the lawsuit because they served our corporate agent in Delaware. So it was quite useful.
rhino369|4 years ago
However, the difference between this and the warranty scam is that the complaint they are attaching is 100% real.
It’s more like a mechanic emailing you saying, hey I notice your car was broken down on the side of the road.
scruffyherder|4 years ago
It’s patent so you can’t file an anti slapp, but until you have been properly served you need to find hearing dates and BE THERE, and demand a dismissal based on improper service. The court will almost always dismiss it, have you served right then and there but it does drag the clock.
Also get a lawyer don’t listen to strange people like me on the internet. Most likely it’ll involve some posturing and mediation or a settlement.
Also what will happen is your lawyer will send them a request to serve them on your behalf. It’s only the beginning. Things drag slow for months then speed and slow down.
ajb|4 years ago
jblake|4 years ago