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Here is my question: A very popular phone game company

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Hi! Here is my...

Hi! Here is my question: A very popular phone game company (company A) is being sued by a Japanese company (company B) claiming that an idea that was put into company A's game 4 years ago was patented by company B. The idea itself was very broad, but I posted a thread on company A's official forums 4 years ago and detailed exactly how it could be implemented, with very detailed photos and specific ideas. That thread became so popular that company A ended up announcing that they would be adding the idea to their game 2 weeks later, and almost exactly how I had detailed it. They alluded to my thread but never gave me all the credit or never paid me. A week ago I received a message in the game, through email, and on the forums where they were asking me to get in contact with them (company A). They told me about being sued and wanted to use my idea thread as proof in Japanese courts that the idea was on their forums a week before company B's patent was filed. They want me to sign an affidavit, but aren't offering any compensation. I've talked with them for a few hours and they said I might even have to fly to Japan in a year if things don't go well, even though they don't think that will happen. My question is: should I be compensated for my idea, and them kind of admitting that my idea is the one in the game? Should I sign anything without being compensated? Does this count as intellectual property? This is all so new to me so I am unsure but friends and family say I should be paid. I just wanted to talk with a lawyer to see what they think.

Lawyer's Assistant: What's the invention's purpose?

Not an invention but an idea in a video game, relating to intellectual property

Lawyer's Assistant: Have you talked to a local attorney? Has anything been filed in court?

Not a local attorney, and nothing I have signed has been filed

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Nope, just my question, thanks :)

Submitted: 5 months ago.Category: Legal
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Customer reply replied 5 months ago
If compensation is warranted, how should I word it to the lawyer for company A that I have been talking to?
Answered in 45 minutes by:
11/11/2017
Lawyer: INFOLAWYER, Attorney replied 5 months ago
INFOLAWYER
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Customer reply replied 5 months ago
No financial loss for me. I'm just not sure of 2 things: 1) my idea was almost used exactly in the game and now they are using my post on the message boards, insinuating my idea that is in their game was created before the company B patent, and using my post as their main piece of evidence in court. 2) does using my time, signatures, original post as evidence warrant any compensation?
Lawyer: INFOLAWYER, Attorney replied 5 months ago
You have a right unless you waived those rights when you worked on the matter. Normally the product belongs to the company unless you negotiated otherwise. If ambiguous you may attempt to negotiate.You want to prepare your case by creating a time line starting from the earliest event. For each event, write down key details and witnesses and if there is a document that relates to it, save it and refer to it. This timeline can be very valuable in narrating your case and presenting it later in a concrete and specific way.martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options.By being prepared and pressing your claim, the other side should feel the pressure and consider the risk of losing and legal fees. That realization can help bring about a settlement!Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 5 months ago
Just for clarification: when you say worked on the matter, do you mean making the forum post 4 years ago... or recently when I've been talking to company A's lawyer about the case? For the idea that is in their game, it is very very similar to the one I proposed: but I think they would claim 2 things: it is a little bit different than the one they put in the game (even though my idea inspired it) and they could claim since I posted it on their forums, they have a right to use it? But now that they need my help to win this case, they are claiming my idea was the one they used. Any thoughts on that?Right now I have been generous in my time with them and have not talked about money with them. What would be a good way to broach the subject and what would be a good way to message the topic of compensation with them in your opinion?My forum post is the main piece of evidence, so I feel like I have some leverage, I am just not sure if compensation is something I could get, how much, and how to word it to them?
Lawyer: INFOLAWYER, Attorney replied 5 months ago
It’s not clear cut but you didn’t waive rights to it which is good so would pursue it and perhaps have counsel negotiate on commission basis. Hard to measure your equitable share but that can be learned when value of enterprise is explored further.Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 5 months ago
Thank you. What do you think would be a good way to start an email/message to their lawyers informing them that I'd be seeking commission or compensation? And would it be for my idea? Or my cooperation during their case? My involvement is probably very valuable to them.And the company is very valuable, they are one of the largest mobile gaming companies in the world.
Lawyer: INFOLAWYER, Attorney replied 5 months ago
Realistically you are better positioned if you have a local lawyer send a letter. If you start the communication you should be general in seeking a meeting to discuss the matter.Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Lawyer: INFOLAWYER, Attorney replied 5 months ago
Awaiting your reply, thank you!
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