Brentwood, NY asked in Copyright and Civil Litigation for New York

Q: Can I ask a potentially theoretical question relating to a legal battle won by deceit, extortion and manipulation of law

It was a civil case in supreme court and one of the lies was, that they did not receive any services from my firm, but now 10 years later they are using / selling my idea of two product I initially conceived when developing larger project for them which proved to be difficult as they kept revising the project? I have a patent in my name and emails reflecting original discussions of the two conceptual ideas I generated while trying to process their overall project of engineering and design.

FYI- We are a small product design and development firm and have been performing these services for over 30 years currently.

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1 Lawyer Answer
Bernard Samuel Klosowski
Bernard Samuel Klosowski
  • Intellectual Property Lawyer
  • Greenville, SC

A: Your question is a bit vague - if you're asking whether the causes of action in the original state case can be revisited, the answer is "maybe." It would depend among other things on whether the evidence of the "lies" is new or known at the time of the original case, or could the evidence have been discovered and adjudicated in that case (see concepts of collateral estoppel, res judicata). The passage of time may also be a factor (see statutes of limitation). On the other hand, if you're asking whether you have a new case (perhaps patent infringement?), it would depend on whether you signed a work-for-hire or license agreement with the other company that covers the process (and the two ideas) that you were "generating" for that company. If there's no written agreement giving that company the right to use your intellectual property, you'd need to review the status of your patent (is it in force and enforceable?) and the scope of its claims, e.g., does at least one claim cover what the other company is now doing? There also may be copyright and other issues in play.

This, of course, is not legal advice. An intellectual property attorney should review your specific facts and documents to help you make an informed decision.

Best of luck,

Ben Klosowski

Registered U.S. Patent Attorney


220 N. Main Street, Suite 500

Greenville, SC 29601

Tel. 864.351.2468

Fax 866.747.2595

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