QUESTION

Should we take our patent issue to small claims court?

Asked on Oct 26th, 2011 on Patents - Oregon
More details to this question:
A father invented a hand tool and got it patented, and then his son talked him into signing an incredibly one-sided exclusive licensing agreement that he downloaded from the internet and edited himself. The original contract had an option to terminate by licensor (father), but the son deleted it among other things. The father wants out of the contract, and the son will not let him. There is no exit clause, but the son has breached the contract several ways. It says the son will provide quarterly reports, which he has not done. It says he will provide a business plan, which he has also not done. The contract also stipulates that improvements to the patent will be paid for by the son, so I told the father to stick a GPS on the side of the tool and force the son to patent it and repeat until he exits. What is the cheapest/easiest way to get out of it? I can show damages of around $120,000 according to the son's numbers he has provided. The father doesn't want any money from his son, he just wants the contract invalidated. I was thinking Indiana has small claims court with a $6k limit. The father could sue in small claims for breach of contract. Does a small claims judge have the power to rule a contract invalid?
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1 ANSWER

Licensing Attorney serving Portland, OR at Mark S. Hubert PC
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I cannot opine on Indiana law. You get what you pay for. Father should have not been so cheap and hired a lawyer to review the license agreement.
Answered on Oct 26th, 2011 at 5:24 PM

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