Can you recommend me a patent attorney? Any idea on how much this could cost?
Can you recommend me a patent attorney? Any idea on how much this could cost?
Unfortunately the patent attorneys I've worked with are in very large international firms with a price tag that goes along with that. I can provide some recommendations but I suspect (and please don't take this the wrong way) they won't be of much use to you.
Basically an NPE files a lot of lawsuits at once, legal companies are monitoring the lawsuits and will proactively reach out to potential customers.
In my case the firms that reached out were mostly tier one national law firms and they were very familiar with the NPE. And like the OP I was unaware of the lawsuit because they served our corporate agent in Delaware. So it was quite useful.
However, the difference between this and the warranty scam is that the complaint they are attaching is 100% real.
It’s more like a mechanic emailing you saying, hey I notice your car was broken down on the side of the road.
It’s patent so you can’t file an anti slapp, but until you have been properly served you need to find hearing dates and BE THERE, and demand a dismissal based on improper service. The court will almost always dismiss it, have you served right then and there but it does drag the clock.
Also get a lawyer don’t listen to strange people like me on the internet. Most likely it’ll involve some posturing and mediation or a settlement.
Also what will happen is your lawyer will send them a request to serve them on your behalf. It’s only the beginning. Things drag slow for months then speed and slow down.
Interesting fact. These lawyers won a case against the guys who are suing you: https://sabety.net/2020/01/patent-troll/
Maybe worth engaging with them?