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Message: Mr. Lawyerlong

Mr. Lawyerlong

posted on Mar 31, 2007 04:26PM

This post may be tedious but I have legal questions to ask and hope you can help.....

Step 1, EDig believes its patents are being infringed upon and hires Mr. Nunnally to determine if that is correct. Mr. Nunnally reports back that 174 companies may be infringing in 1300 and some odd products. How does he legally determine that or is it just a guess because that product does the same thing a EDig's MOS? He can't have purchased all 1300 products and reverse engineered them. He has to have something legal to present to an IP infringement law firm like Duane so a case can be made. Does he just test one or two products and find an infringement? Would that be enough to interest Duane?

Step 2. Edig is satisfied that their IP is being infringed upon. They seach for a Ip infringement law firm and come up with Duane. If may have been the 3rd. or 4th. one but they finally get one who says will do it on contingency. What does EDig have to present to Duane to convince the firm that it does have a legal claim of infringement. I mean EDig cannot just say "we believe" company A is using our IP without our permission. Duane would laugh them out the door, so it has to be something more, something very legal....What??? What convinces Duane there is a legal case here, one that Duane can  prosecute and make money for themselves as well as EDig. Does EDig have to have a product in hand, broken down showing the MOS inside?? If so how many of these infringers would be necessary for Duane to be interested?? Certainly more than one or two and would these alleged infringers have to be big companies for Duane to be interested or would any group of companies be suitable?

Step 3, Duane now has accepted EDig's claim of infringement. They have been legally convinced to spend their time and money on a contingency basis. I would like to know if Duane has done any background work to satisfy themselves they are in a good deal. In other words has Duane done his DD to know they are on firm legal ground before saying yes to EDig??

Step 4, Duane is now in the game. How long does Duane take to act?? Is it months, or is action taken immediately? I t would seem to me that Duane would not contemplate saying "yes" to EDig unless it had all its ducks in a row and was ready to jump. However I don't know the legal procedure. Does Duane pick out the most vunerable company first even if it is a small company or do they go for the big one first?? Does Duane contact the company privately first telling them of their intentions and give the company a chance to respond or does it just issue a supeona and say "see you in court".

Step 5, If Duane is successful in getting the infringeing company to agree to a settlement, how does that work? How long does it take for the company to open its wallet? Who gets the funds? If the company is unwilling to settle and wishes to go to court how long does it usually take to get to court? How long are the trials?

Enough for now......I told you this would be tedious... 

 

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