Ask Me Help Desk - Summons For Patent Infringement

Summons For Patent Infringement

This morning I've received a sommons:

"YOU ARE HEREBY SUMMONED and required to file with US District Court and serve upon plaintiff's attorney... whose address is... an answer to the complaint which is herewith served upon you within 20 days, or else a judgment by default will be taken against you for the relief demanded in the complaint.

There are two defendants on this summons, one is my customer that I got the shoes for and one is me. :(

1. I have no idea the shoes that my customer wanted has some kind of patent right. I mean I've seen them all over the place in Wal-Mart under totally different brand so I am guessing it's okay to sell them.

2. I did not import these shoes from another country, all I did was purchased from the supplier locally and turned around sold them to my customer and acted as a middle man, that's all.

3. And not to mention, my supplier didn't mention these shoes has patent right when I got it from him. So I'm totally confused now. :confused:

Therefore, please help! How to respond to a summons in California? What if I don't appear and answer what is the next step that will be taken!

I would say since these court cases can award 1000's in damages, even 10's of thousand, you hire an attorney before you say a word to anyone.

Did your customer do something to modify the shoes and offer for resale? You may have to in turn bring your supplier into the case to show that the supplier had a right to sell the shoes. I am wondering if the shoe sales involve needing to be a licensed seller... The patent holder could be saying that you were never permitted that license to sell their product.

Is your supplier the one who filed against you? If so, he might feel that you are violating his sales agreement with the manufacturer?

Who is it that is filing against you? And for what reason?

Quote:

Originally Posted by Fr_Chuck

I would say since these court cases can award 1000's in damages, even 10's of thousand, you hire an attorney before you say a word to anyone.

Thanks for the advise. But apparently, I do not have the money to hire an attorney. :(

Thank you for looking into this!

Quote:

Originally Posted by oneguyinohio

Did your customer do something to modify the shoes and offer for resale?

No. I don't think so. The attached photo of the shoes in the summons are the same ones that I got it for him.

Quote:

Originally Posted by oneguyinohio

You may have to in turn bring your supplier into the case to show that the supplier had a right to sell the shoes. I am wondering if the shoe sales involve needing to be a licensed seller... The patent holder could be saying that you were never permitted that license to sell their product.

I believe the plaintiff never permitted the license to my supplier, cause I've just found out that my supplier is getting sue by the same plaintiff that send me the summons.

Quote:

Originally Posted by oneguyinohio

Is your supplier the one who filed against you? If so, he might feel that you are violating his sales agreement with the manufacturer?

No. See above.

Quote:

Originally Posted by oneguyinohio

Who is it that is filing against you? And for what reason?

The "brand name" shoe company. For patent infringement. :(

Sounds to me like these shoes are not products of the company whose brand name is being used. You probably have recourse against the person who sold the shoes to you. Of course, if they go out of business you'll have a hard time collecting.

At some point, the shoes came from some place other than the company whose brand name if being used. Ultimately, you'll both need to go after the person who supplied your supplier. If you can find them...

Nromally you deny all charges and claims, But to be honest, I would borrow the money if I had to, not spending 1000 dollars now, may be a 40,000 judgement against you in a few months ( their damages plus punitive costs for your actions) without an attorney they will drag you and drag you though courts and file motions you don't understand and more. This is not like small claims court, you can lose by just not answering or filing things properly.