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Questions Answered by Cameron Tousi
2 Answers | Asked in Patents (Intellectual Property) for California on
Q: If a company is using a patent I am named as an inventor, can I receive compensation for its use?

A large company is using my patent in their highly successful product without any request for my approval or agreement to compensate myself or the other inventors. Would it be possible to ask for retro active payments for the previous life of said product, or sue them for patent infringement?

Cameron Tousi
Cameron Tousi
answered on May 24, 2022

If I understand you correctly, this is not a company that employed you or engaged you as a contractor, but instead a company that in its business, implemented a method that's covered by your patent or implemented a device (or system) that uses what's covered by your patent. There may be... Read more »

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2 Answers | Asked in Consumer Law and Products Liability for California on
Q: Daughter is a paraplegic & purchased a glide n go. She has been injured and burned. How to get help, $ back & return it?

The steel seat has fallen on her shoulder and head multiple times. It is not level, but sits at an angle more like a slide than horizontal. Seat has gotten so hot it has given her 3 degree burns on her buttocks she has been doctoring for 9 months. The support arm fell off and someone caught her... Read more »

Cameron Tousi
Cameron Tousi
answered on Feb 16, 2022

It sounds like an awful situation and that your daughter is having to deal with this situation. It's unlikely counsel will want to take the case on contingency unless if the device has caused serious injury, because the damages even for what you've mentioned aren't sufficient. Court... Read more »

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1 Answer | Asked in Patents (Intellectual Property) on
Q: Hello, Our company received a cease and desist letter from patent holder (patent no. 9254401). Is this patent valid?

Upon further review, this patent is expired due to non-payment of the maintenance fee. Am I correct in assuming this patent is not enforceable ?

Cameron Tousi
Cameron Tousi
answered on Feb 15, 2022

What you're requesting requires a great deal of analysis by an attorney, which means comparing the elements of the claims to the allegedly infringing product, in view of the specification and prosecution history. In other words, it would be impossible to tell without a patent lawyer's... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Pennsylvania on
Q: Can I mail myself my plans to get a patent protection by keeping it sealed and mailed to myself?

Because I was told crazy prices om patents like $5000 and more and then I've heard of free patents

Cameron Tousi
Cameron Tousi
answered on Feb 15, 2022

Sending the plans to yourself does not provide any intellectual property rights, by way of patents or otherwise. There are people who like the idea that sending the plans to yourself accomplishes a sort of proof by virtue of the fact that it's got the post office's date to show when an... Read more »

1 Answer | Asked in Car Accidents, Federal Crimes, Personal Injury and Wrongful Death for Missouri on
Q: What can be done to help a mother find some justice for the death of her son?

Last april a man driving without a license, without insurance, in an truck he’d had for nearly a month without registering it properly turned left into oncoming traffic. He struck and killed a man and seriously injured a woman on a motorcycle. Even with prior charges in another state for driving... Read more »

Cameron Tousi
Cameron Tousi
answered on Feb 15, 2022

I'm so very sorry for your loss. In rare circumstances, it is possible to seek damages from the state itself (e.g., police and others acting as its agents). This is called the public duty doctrine, and its application depends on the particular statutes/court cases of a particular state. Under... Read more »

1 Answer | Asked in Wrongful Death for Tennessee on
Q: Does a Tennessee State Trooper have a duty to perform CPR at a traffic stop if the driver goes into cardiac arrest?

28 year old male was stopped by a Tennessee state trooper for a seat belt violation and someone was on the phone on speaker telling the officer the driver had a history of heart failure, and pleading with him to perform CPR immediately because he was gasping for air. He couldn't speak or... Read more »

Cameron Tousi
Cameron Tousi
answered on Feb 15, 2022

The scenario you are mentioning does suggests not only awful behavior by the policeman, but potential culpability. The police officer's culpability, which could be criminal or civil, with damages to the family for wrongful death, relies on whether the officer properly owed a duty of care to... Read more »

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