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Illinois Patents (Intellectual Property) Questions & Answers
1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Illinois on
Q: I need help confirming the legitimacy of a patent infringement case. Potentially legal advice too would be appreciated.

I regretfully tried Amazon FBA. I got an email stating my LLC as well as over 1000 listed defendants were being sued for patent infringement for the product I was attempting to sell with a complaint, alias summons, sealed TRO, and minutes attached.

I’ve confirmed the legitimacy of the... View More

James L. Arrasmith
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answered on Dec 20, 2023

In a situation like this, where the legitimacy of a patent infringement case is in question, it’s important to proceed with caution. The fact that the case number matches a filing in the Northern District of Illinois is a sign of legitimacy, but the discrepancies in the lawyer's address and... View More

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Illinois on
Q: I got an email stating my LLC has been sued for patent infringement from an Illinois lawyer.

Two questions:

- How do I determine legitimacy ? I have since discovered that there is a patent in place that I didn’t know of.

- what do I do to settle? I don’t want to continue to sell a patented product. I wouldn’t have sold it if I would have known .

Adam W. Bell
Adam W. Bell
answered on Nov 20, 2023

This sounds like a typical predatory patent troll activity. It's disgusting and you should not assume it's legitimate. There people have no scruples. As a patent attorney it makes my stomach turn to hear these sort of stories.

Let's get a PATENT lawyer involved here.... one...
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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Illinois on
Q: I got an email stating my LLC has been sued for patent infringement from an Illinois lawyer.

Two questions:

- How do I determine legitimacy ? I have since discovered that there is a patent in place that I didn’t know of.

- what do I do to settle? I don’t want to continue to sell a patented product. I wouldn’t have sold it if I would have known .

Kevin E. Flynn
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Kevin E. Flynn
answered on Nov 20, 2023

You need to have a patent attorney look at your product and the claims of the patent. For your product to infringe, there needs to be at least one independent claim where every limitation in at least one independent claim (every noun, verb, relationship, etc.) is present in your product.... View More

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3 Answers | Asked in Patents (Intellectual Property), Business Law and Intellectual Property for Illinois on
Q: Can I resell a product purchased from China that may infringe on a Patent in the US?

I purchased a product from China that is similar to a patented product. I would like to know if I can sell this product legally in the US or not. The product I purchased I currently have in my inventory, and does not make an attempt to be a knock-off or counterfeit to the product that has the... View More

James L. Arrasmith
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answered on Oct 15, 2023

Selling a product in the U.S. that infringes on an existing U.S. patent can expose you to legal liability, even if the product was legally purchased and imported from another country. The key question is whether the product you imported actually infringes on the patent in question. The fact that... View More

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3 Answers | Asked in Patents (Intellectual Property), Business Law and Intellectual Property for Illinois on
Q: Can I resell a product purchased from China that may infringe on a Patent in the US?

I purchased a product from China that is similar to a patented product. I would like to know if I can sell this product legally in the US or not. The product I purchased I currently have in my inventory, and does not make an attempt to be a knock-off or counterfeit to the product that has the... View More

Jason C Palmer
Jason C Palmer
answered on Oct 18, 2023

A patent gives its owner the right to exclude others from making, using, or selling the patented invention. Therefore, if you obtained your product from someone other than an owner or licensee of the patent, you cannot legally sell the product without infringing the patent. This assumes that the... View More

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3 Answers | Asked in Patents (Intellectual Property), Business Law and Intellectual Property for Illinois on
Q: Can I resell a product purchased from China that may infringe on a Patent in the US?

I purchased a product from China that is similar to a patented product. I would like to know if I can sell this product legally in the US or not. The product I purchased I currently have in my inventory, and does not make an attempt to be a knock-off or counterfeit to the product that has the... View More

Adam W. Bell
Adam W. Bell
answered on Oct 18, 2023

Good question.

The product that is "similar to a patented product" does not necessarily infringe on the ISSUED CLAIMS of the patent. First, compare the product and the claims side-by-side. Read each claim element (limitation) and try to identify it in the product. If your...
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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Illinois on
Q: There has been a patent application that was approved, however in the non-patent citation, there is previous art similar

This patent was applied for in 2022, and even has a non-patent citation where it cites a previous art exactly the same who is selling on Amazon since 2021. The patent was still approved somehow and I am wondering why.

James L. Arrasmith
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answered on Sep 7, 2023

It seems unusual for a patent to be approved if it contains prior art that is exactly the same as the invention described in the application. The United States Patent and Trademark Office (USPTO) should technically reject any patent application that is not novel or is obvious in light of existing... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Illinois on
Q: There has been a patent application that was approved, however in the non-patent citation, there is previous art similar

This patent was applied for in 2022, and even has a non-patent citation where it cites a previous art exactly the same who is selling on Amazon since 2021. The patent was still approved somehow and I am wondering why.

Michael Byrne
Michael Byrne pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 6, 2023

The specific dates (not given in your question) might be the reason. If not and if the prior art really is "exactly the same" then the application could have been granted in error. The USPTO provides mechanisms to challenge such patents. For example:... View More

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2 Answers | Asked in Patents (Intellectual Property) for Illinois on
Q: How do ask Justia.com to combine my two paten lists? (1) Yuda Yehuda Luz (2) Yuda Luz
James L. Arrasmith
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answered on Aug 15, 2023

To combine your two patent lists under the names "Yuda Yehuda Luz" and "Yuda Luz," you should contact the appropriate patent authority or organization responsible for maintaining patent records. Provide them with the details of both patent lists and request that they be merged... View More

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1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for Illinois on
Q: Addition invention & Substitution invention
James L. Arrasmith
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answered on Jul 23, 2023

Under intellectual property law, "Addition invention" and "Substitution invention" are two types of inventions based on the concept of improvement or modification to existing inventions:

1. Addition Invention: An addition invention refers to an improvement or an...
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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Illinois on
Q: Hello! I want to make an updated griddle caddy to sell on Amazon. Does this patent prevent me from doing so?
James L. Arrasmith
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answered on Jul 10, 2023

The information provided is not sufficient to determine whether the patent you mentioned would prevent you from selling an updated griddle caddy on Amazon. To assess this, you would need to carefully review the details of the patent in question, including its claims and scope of protection.... View More

Q: so a land patent protects the property within the land patent if the holder steps foward
James G. Ahlberg
James G. Ahlberg
answered on Feb 1, 2023

I don't mean to sound rude, but you've made a statement rather than asking a question. Do you have a question? You'll want to use somewhat correct terminology. A "land patent" typically refers to the initial grant of a piece of land by the government to an individual or... View More

2 Answers | Asked in Business Law and Patents (Intellectual Property) for Illinois on
Q: If I design a product that uses another person's patented component within my design, what permissions do I need?

I am creating a product (a stand for giant marquee letters) for my company that uses someone else's patented magnet as a component. What type of copyright/patent permissions, if any, do I need from the magnet company?

Michael Ray Smith
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Michael Ray Smith
answered on Sep 10, 2022

Note that I am not licensed in Illinois, and that none of the answers to questions in this forum should be considered legal advice.

You may need a license from the company that owns the patent and any other intellectual property rights, but maybe not if you simply buy the other...
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1 Answer | Asked in Patents (Intellectual Property) for Illinois on
Q: If I’m a minor and my dad hits me and I report it. Why do I have to return to my household? Does it mean it’s not serio?

Will my dad serve time if cpfs says we just need family therapy?

Kevin E. Flynn
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Kevin E. Flynn
answered on Feb 28, 2022

I am so sorry that you are having this problem but you posted your question to PaTent attorneys that deal with inventors and inventions.

You need to post this question to people in your state that know the relevant material. I suggest that you start with Family Law. There may be other...
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1 Answer | Asked in Consumer Law, Copyright and Patents (Intellectual Property) for Illinois on
Q: For US patent law, if you make an item that you've never seen a patent law for, is it illegal?

A friend group I had came up with an idea of a motor that can run itself. We would be able to run things off of said idea and it would be borderline free energy. With people having ideas for a hundred years, I doubt that someone has came up with this exact idea. If we were to move forward and... View More

Kevin E. Flynn
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Kevin E. Flynn
answered on Jan 31, 2022

Your question in a general sense is does it matter whether or not you have seen a patent for an idea before you start selling a product covered by that patent.

The answer is that you are liable for patent infringement to the owner of the earlier, unexpired patent whether or not you had...
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2 Answers | Asked in Patents (Intellectual Property) for Illinois on
Q: Good morning, I would like to ask you if software or algorithm can be patented. Thank you for your time.

We have developed a new solution that is related to the way in which a device is able to analyze the data.

Kevin E. Flynn
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Kevin E. Flynn
answered on Oct 11, 2021

There are many types of software. Some software running on a general purpose computer is the glue that holds together a business that works with people to achieve a purpose. While this software is important to the business, if it is merely a reflection of how the people interact together, then it... View More

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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Illinois on
Q: What is IP/patent ownership assignment when filing a patent application?

I submitted a good patent with my *previous* company. And now as a part of filing, they sent me an "assignment" PDF file to sign which is odd to me and I never had an experience with signing such a file (I was going to sue the company so I'm a bit suspicious about their request).... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Sep 29, 2021

Basically they want you to give them the patent.

Depending on your employment contract they may have rights to it already.

Consult with an attorney.

Q: Bout identity theft. Ant inheritance

My gmaw passed away an I was post to get one fifth of the inheritance. I was in prison. Now they say that it all got stolen an there is nothing I can do. I no my mom got my gmaw van n lost it n my sis got a few things I never received anything. They haven't ss# n all my info I think they might... View More

Kevin E. Flynn
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Kevin E. Flynn
answered on Aug 4, 2021

I am so sorry that this happened to you. Your question went out to attorneys that file patents for inventions. There is not a category for paRents which is what you may have been trying to hit. You may want to add Family Law to the category set.

You may want to contact Legal Aid near...
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2 Answers | Asked in Copyright, Business Law, Patents (Intellectual Property) and Trademark for Illinois on
Q: How am I supposed to handle a trademark infringement lawsuit if I think it's a mistake? pls read the "More Information"

Dear lawyer.

Unfortunately, I involuntarily found myself in an unpleasant situation and I would be happy for your help. I have an account at Marketplace site, where I sell products from a variety of different suppliers. A few days ago, an e-mail was sent to me from a lawyer (on behalf of... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 3, 2021

You can be dragged to an American court by virtue of you selling here.

There are different tools to deal with the lawsuit if you think it is an error.

You need to consult with an attorney review all the documentation you have.

Best luck!

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3 Answers | Asked in Contracts, Copyright and Patents (Intellectual Property) for Illinois on
Q: Is there a type of disclosure document that I can use to protect an IP idea that i am working on, before it's designed?

I have an idea that I'm working on that will have to be patented, but i am reluctant about asking people with the knowledge to build the idea for assistance as they may steal it and create it themselves. Is there a type of disclosure document that I can use to protect my idea?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 23, 2021

Non Disclosure Agreement

That language should also be included in any contract with people that would do work for you

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