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Intellectual Property Theft

Discussion in 'Internet & Social Media Law' started by JJBJ, Jan 5, 2021.

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  1. JJBJ

    JJBJ Law Topic Starter New Member

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    Jurisdiction:
    California
    Several companies & other entities have stolen my intellectual property, some of which was disclosed on social media & some of which is covered by a pending patent application. My questions include:
    - where is the burden of proof (do they have to provide evidence that they did not steal, for instance if they deleted all the data about their theft, do they have to provide an activity log of their deletions if it exists, or an alibi at the deletion time, or disclose any tools they have to fake file creation timestamps) - I can prove it using visualization & big data tools (showing a graph of consistent similarity of thefts to my posts/emails after the time of my posts/emails), but I don't know if a judge will even look at proof like that or if they need another format of proof. The big data graph is the only hope of prosecuting every theft, because it occurred possibly millions of times & a judge couldn't hope to review every case in any other way - unless a similar query is done on phone/chat logs of thieves, which would require cooperation from some of the entities who stole to get/retain/backup that data.
    - legitimacy/precedent success of various cases/arguments I have, like esoteric laws on database rights & so on that might provide a legal basis for the case - is there a list of arguments that have worked to retain/recover intellectual property rights?
    - do you know a lawyer who can help me fill out the lawsuit forms or give IP/tech/data/harassment/spying advice (I was local to California/Virginia during this time, so they'd need to be familiar with US & state laws on this situation, excluding foreign thefts for now)
    - does the initial lawsuit need to include all the details of the case & arguments & evidence, or can I make those arguments in court to avoid helping the defendant who's spying on me to prepare
    - what laws are there to protect prolific independent inventors who can't afford to patent all of their inventions, or posted ideas publicly to get attention from possibly interested businesses/investors, given that people always steal my ideas & try to hide me from people who could invest in my project, such as whenever I suggest an idea, they always claim they already did that & then publish it after I suggest it, after haphazardly throwing together a post designed to trick someone into thinking they came up with it first to dissuade me from prosecuting each theft
     
  2. Zigner

    Zigner Well-Known Member

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    You should find a local attorney to assist. This forum does not provide referrals.
     
  3. zddoodah

    zddoodah Well-Known Member

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    Stole your intellectual property how? What does "companies & other entities" mean? Disclosed on social media by whom? Since you wrote that "some of [the IP] is covered by a pending patent application," that implies that some of it is not. What sort of IP is the portion that is not covered by the patent application.

    Burden of proof for what? A lawsuit? The burden of proof in a lawsuit always lies with the plaintiff.

    A court will accept any evidence that is relevant, which can be authenticated, and which is not excluded as hearsay or by some other evidentiary rule.

    Huh?

    There are thousands of lawyers in both California and Virginia who handle IP litigation. I have no idea what you mean by "lawsuit forms," though.

    No.

    Inventions are protected by patent law. If you disclose the details of your inventions publicly, you pretty much lose all of those protections (although it's conceivable that, if your disclosure is limited, you might have some protections based on contract).
     

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