What should I do if I am being sued for patent infringement? 4 Answers as of June 02, 2011

I am being sued for patent infringement for selling used (as advertised) products, with patent rights clearly assigned on my website. The patent holder sent the summons to my customers. She's crazy- how can I stop her?

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Intellectual Property Center, LLC
Intellectual Property Center, LLC | Ak Shaf
Lawsuits, especially those involving patents, are complex and expensive. You should immediately contact an attorney to review the matter and advise you on how to proceed. You must respond to the complaint within so many days from the service of the complaint and failure to do so may result in the court finding you liable. I would strongly encourage you to contact a patent attorney as soon as possible. Good luck.
Answer Applies to: Kansas
Replied: 6/2/2011
DANIEL NESBITT | Hasse & Nesbitt
You should contact and work with a patent attorney, who will assess your situation and provide you with the advice you need.
Answer Applies to: Ohio
Replied: 6/1/2011
Devon & Associates
Devon & Associates | Marcia A. Devon
You need to hire a patent attorney ASAP. You have 20 days from the date you were served with the Summons & Complaint to prepare and file a response in Court and it sounds as if the clock is running. If you do not file a timely response, a default judgment will be entered against you. The patent owner is interfering with your business and you may be able to stop her depending on the circumstances. Call patent attorneys for help!
Answer Applies to: California
Replied: 5/26/2011
Michael M. Ahmadshahi
Michael M. Ahmadshahi | Michael M. Ahmadshahi, Ph.D., Esq.
The person who is suing you may not even have the right to sue because under the principal of the first sale doctrine she loses control over the first unrestricted sale of the patented item. In other words, once she has sold the patented product, unless the sales contract clearly states otherwise, she has no control over the product and therefore cannot sue you or your costumers for patent infringement. In addition, you can always attack the validity of the patent, and if successful, making the infringement charge a moot issue.
Answer Applies to: California
Replied: 5/25/2011
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