QUESTION
what can I do if someone is collecting my husband's royalities
Asked on Sep 19th, 2013 on Patents - California
More details to this question:
My husband his grape patents his name is timothy sheehan. His are worth millions and he made over 200,000.00 in personal royalties alone. My husband died. I went to probate court and was award all personal property. And now I have not received a dime of his royalties. And I see their still selling his grapes. It's been over four years . He has over 25 grape patents.What can I do? And who do I talk to?
1 ANSWER
Intellectual Property Attorney serving Manchester, NH
at
Hayes Soloway P.C.
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Takisia,
It appears that Mary Ann Sheehan assigned the patents to Sheehan Genetics as an executor of Timothy's will in December 2010 (and a couple more after this date). I would assume Sheehan Genetics is either the company selling the grapes, in which case they do not owe anyone royalties because they own the patents, or someone else is selling the grapes and paying royalties to Sheehan Genetics. Here is information on that assignment: http://assignments.uspto.gov/assignments/q?db=pat&asned=SHEEHAN%20GENETICS,%20LLC
To have a right to this revenue, you either need to show: 1) that Mary Ann improperly assigned the patents to Sheehan Genetics and they should have been assigned to you; or 2) you have an ownership interest in Sheehan Genetics through which you should be receiving revenue.
I would be happy to assist you if this were a patent matter. However, it appears this matter is one for an estate attorney in California. Here is a suggestion: http://www.kirstenesq.com/#!
Good luck
Answered on Sep 20th, 2013 at 8:25 AM