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Ask HN: My startup is suing a company and I need help

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Re: Ask HN: My startup is suing a company and I need help

#11

Post by JoachimSchipper »

throwaway1028 wrote: post #7
gyardley wrote: post #5

Good lord, what a waste of your time and money and emotional energy when you could be working on your startup. How much time and energy have you put into this already? That's a sunk cost - it's gone, not matter what you do, but I wouldn't do a minute more. Tell the lawyers you've decided not to bother and get back to work. I'm sure you have a solid case, and that every fiber of your being is crying out for justice. Y…

Our startup was dependent upon their data feeds and they're the sole provider. There's nothing to get back to work to. This startup has been my baby for 9 months and has been a roller coaster... blood, sweat, and tears. We're two weeks away from launching and we get stonewalled. It's either give up completely or fight.

If they are willing to fight to the end, couldn't it take years (assuming you don't run out of money halfway/lose)? Would winning still help you any in that case?

Re: Ask HN: My startup is suing a company and I need help

#12

Post by coffee »

throwaway1028 wrote: post #7
gyardley wrote: post #5

Good lord, what a waste of your time and money and emotional energy when you could be working on your startup. How much time and energy have you put into this already? That's a sunk cost - it's gone, not matter what you do, but I wouldn't do a minute more. Tell the lawyers you've decided not to bother and get back to work. I'm sure you have a solid case, and that every fiber of your being is crying out for justice. Y…

Our startup was dependent upon their data feeds and they're the sole provider. There's nothing to get back to work to. This startup has been my baby for 9 months and has been a roller coaster... blood, sweat, and tears. We're two weeks away from launching and we get stonewalled. It's either give up completely or fight.

Sorry to hear this, must be very hard after 9 months of hard work. If they are the sole providers of this data, a great business may be to compete head-to-head if you can start becoming a provider of this data. That may be good use of your time (not that the legal action isn't).

Re: Ask HN: My startup is suing a company and I need help

#13

Post by Peter_V »

The GigaLaw Guide to Internet Law. Part 3 on Patents, case studies are interesting.

http://astore.amazon.com/gigalawcom/detail/0812991982

In 2002, it was a great book, but it has not been updated. Probably still relevant. That link connects to gigalaw's recommended reading for many other books as well.

Definitely recommend educating yourself, but forget about the lawyers. Lawyers always think you have a good case, because that means dollars in their pocket. Ask them if they will do it on contingency and you will hear the truth (they typically get 1/3 of the award). If most firms (IN YOUR SPACE) won't take the case on contingency, you don't have much of a case. If you find one firm that will, but you found him in the phonebook, run, don't walk.

You are looking at 3-5 year endeavor to sue, so 9 months in the grand scheme of things is nothing. I would Provisional Patent immediately, and look for a different way to apply your technology to another problem and keep it quiet until license is signed and you have launched.

Re: Ask HN: My startup is suing a company and I need help

#15

Post by blakdawg »

I find it hard to believe that a startup has the funds to engage in protracted litigation or that you've found a competent attorney/firm who's willing to undertake that on a contingency basis.

Even if you do have the funds to pay for ongoing litigation (I would not be shocked to hear of bills in tens, of not hundreds of thousands per month) do you also have funds to continue operating your business until a resolution is reached?

If you've only got 9 months in on this thing, walk away and find something else. This has been a cheap lesson for you so far.

Re: Ask HN: My startup is suing a company and I need help

#18

Post by JoeCortopassi »

throwaway1028 wrote: post #7
gyardley wrote: post #5

Good lord, what a waste of your time and money and emotional energy when you could be working on your startup. How much time and energy have you put into this already? That's a sunk cost - it's gone, not matter what you do, but I wouldn't do a minute more. Tell the lawyers you've decided not to bother and get back to work. I'm sure you have a solid case, and that every fiber of your being is crying out for justice. Y…

Our startup was dependent upon their data feeds and they're the sole provider. There's nothing to get back to work to. This startup has been my baby for 9 months and has been a roller coaster... blood, sweat, and tears. We're two weeks away from launching and we get stonewalled. It's either give up completely or fight.

Not to be too much of a downer, but your entire company revolves around the licensing decisions of a single 3rd party provider? Not sure what you are trying to accomplish by a lawsuit, but your business is over, and here is why: Option A) You give up on the lawsuit and get bullied out of the market by the sole provider. Option B) You win the lawsuit, but piss off the sole provider in the process. It's not going to be long before they make things tough on you in other ways.

Bottom line is, you put all your eggs in one basket, and someone took your basket. The lesson to be learned here isn't how to get your basket back, it's to not put your self in that situation again

Re: Ask HN: My startup is suing a company and I need help

#19

Post by Meganduma »

What does your contract with the company say? To answer your question regarding resources or books, every litigator in California generally first turns to The Rutters Guide. The Rutters Guide is basically a how-to-practice-law-without-going-to-law school guide. That being said, you haven't seen blood, sweat, and tears, until you are knee deep into a gnarly litigation.
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