Oakland, CA asked in Intellectual Property for California

Q: My business partner and I had a falling out while developing a new technology. He subsequently sold it off to a larger

tech firm but won't give me a share of the profit and didn't consult me before agreeing to sell. Does this void the sale?

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1 Lawyer Answer
Karima Gulick
Karima Gulick
Answered
  • Irvine, CA
  • Licensed in California

A: Your case is complex enough that you should see a competent lawyer in your area to confirm technical points such as who owns the intellectual property, in the absence of written agreements whether an oral partnership exists, whether your partner would have a right to use your intellectual property for other work without obligation to you.

Under the Revised Uniform Partnership where two otherwise independent entities team up to pursue a business opportunity for profit, or to jointly develop a product for possible future commercial exploitation, they can readily satisfy the technical definition of a "general partnership". Under RUPA, the law can conclude that such a partnership has been legally formed whether or not the parties intended to form it and whether or not they sought to document it in writing.

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