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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 118689
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I had a lawsuit against an attorney who was responsible for

Resolved Question:

I had a lawsuit against an attorney who was responsible for losing my two patents by not replying to motion to declare my two patents invalid when I sued a company that stole part of my technology. The jury found him liable for the loss of my two patents but because I have not sold my patents, the jury reached the decision that since I have not built a working producable prototype the technology in my patents does nt work and also that there were no financial damages. Therefore my recovery was 0.0. The judge ruled that this attorney was entitled to out-of-pocket expenses. ( i.e. expert, court fees etc.) the sum of over 100 K. Now there is a judgment against me for that amount. I also have two additional patents which are the productized version of the technology in the first two patents that were declared invalid.The trial was mre than 4 years ago and no attempt was done to collect on this judgment.

Presently, I have an almost completed product based on the technology in my patents that the jury ruled they worth 0.0 dollars. I am negotiating possible licensing agreement baed on the technology in my first two patents and the advancement that I did.

From the money that I hope to get from my licensing of the technology that is based on the technology that the jury decided it does not work and thus it is worth 0.0, I believe that this judgment against me should not be enforced. I talked to a cople of attorneys who told me that the res-ju-du-cata means that I hAVE A JUDGMENT AGAINST ME FOR WHAT THE JURY RULED DOES NOT WORK AND THUS IT IS WORTH ONLY 0.0 , BUT IF I MAKE MONEY FROM THIS TECHNOLOGY THEN THE JUDGMENT CAN BE USED TO COLLECT FROM THE LICENSING MONEY OF THIS TECHNOLOGY.

For me, this legal method is a LOSE-LOSE system. What legal steps can I take from specifically not allow enfocement of the judgment against any licensing money that this technology brings since this judgment was obtained by claiming that this technology does not work and thus worth 0.0 ?
Submitted: 6 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 6 years ago.
Unfortunately, one cannot evade a judgment in any manner other than you simply abandoning your project. The only other recourse you have is to negotiate a settlement with the judgment creditor to take only a percentage of any money you receive for the sale of the patent and execute a settlement to release you from the full judgment. However, if he refuses to release you, I am afraid you are going to be bound to that judgment and will not escape that judgment.

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