Asked in Patents (Intellectual Property) for California

Q: Dear Madam/Sir, I am Radek Nachev, inventor an owner Pat. N. 8264179. Couple of years ago I contacted the company

Trinamic (https://www.trinamic.com) with the idea from the patent, at that time they did not show interest but currently I see a method for sensorless stepper motor control in their products for which they say is the first of this kind and is based on the transfer of energy to and from the motor - the same principle as my ideas in the patent.

My question is whether I could open a legal case against them for patent infrigement in US. I realize that probably they may have found a way to go around the patent claims as written in 8264179. The other problem is that they share very little as to how exactly they use the transfer of energy so to check whether they violate the letter of the claims.

Unfortunately I am not able to pay any upront costs for counseling, but rely that I could find an experienced in these cases lawyer interested in a fair percentage from the potential benefit from a legal case against Trinamic.

1 Lawyer Answer
Peter D. Mlynek
Peter D. Mlynek
Answered
  • Patents Lawyer
  • Moorestown, NJ

A: Dear Mr. Nachev--

Your patent has been issued, all the maintenance fees have been paid, and it looks like that the patent is enforceable. It thus appears that you are in a good position.

As you likely know, a patent lawsuit will cost you several million dollars. Unfortunately, unlike personal injury lawsuits, patent lawsuits are generally not done on a contingency basis. Some law firms may represent you on a partial contingency basis (they'll charge you only half of their regular fee, with additional money coming from the judgment). Also, there are investment companies that will finance such lawsuits, but you'll need to spend 50,000 USD on legal work to get to the point where they'll be able to decide on the risk of going through the prosecution.

I am sorry, but if you do not have resources to fund an enforcement action, there is no much that can be done.

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