WEBVTT 1 00:00:00.000 --> 00:00:12.280 So, this is the USPTO website, so now if you click on patents, and you search patents, 2 00:00:12.280 --> 00:00:17.040 under search patents, if you actually search that, if you look under patent number search 3 00:00:17.040 --> 00:00:30.280 here, and you typed in that number, paste, delete, and you see how nothing shows up? 4 00:00:30.280 --> 00:00:31.280 You see that? 5 00:00:31.280 --> 00:00:37.440 I'm going to make it bigger so everybody can see this, zoom, plus, plus, plus, okay. 6 00:00:37.440 --> 00:00:39.120 See how it says nothing showed up, right? 7 00:00:39.120 --> 00:00:43.600 Well, we know it's a patent, I mean, I'm sure they spent a decent amount of money on this, 8 00:00:43.600 --> 00:00:49.840 so we don't want a situation where they're not actually receiving something, so we're 9 00:00:49.840 --> 00:00:51.440 pretty positive they have a patent. 10 00:00:51.440 --> 00:00:56.200 So now, if you go down, you go back to the main screen, you click on patents, and then 11 00:00:56.200 --> 00:01:05.040 you go to search for patents, you scroll down, you'll see there's patent applications right 12 00:01:05.040 --> 00:01:06.040 here. 13 00:01:06.040 --> 00:01:07.040 See this? 14 00:01:07.040 --> 00:01:08.040 Patent applications. 15 00:01:08.040 --> 00:01:10.000 And then you see publication number. 16 00:01:10.000 --> 00:01:11.360 That's what you're looking at. 17 00:01:11.360 --> 00:01:17.040 And then when you paste that, I would get rid of the US thing, and I would get rid of 18 00:01:17.040 --> 00:01:19.560 the number of the letters at the end. 19 00:01:19.560 --> 00:01:22.000 Now all of a sudden it pops up, you see? 20 00:01:22.000 --> 00:01:23.780 There's the patent, okay? 21 00:01:23.780 --> 00:01:29.120 So if you ever get like a published patent application, and you're thinking, whoa, I 22 00:01:29.120 --> 00:01:31.440 don't see it, where is it, I don't understand. 23 00:01:31.440 --> 00:01:35.040 It's there, it's just listed under something different, that's all. 24 00:01:35.040 --> 00:01:39.360 So I'm going to show you a secret to the USPTO website, though, that a lot of people don't 25 00:01:39.360 --> 00:01:42.480 know about, that's going to help make your life a lot easier. 26 00:01:42.480 --> 00:01:48.400 If you go back to the main screen and you just type on the search bar, PAIR, when you 27 00:01:48.400 --> 00:01:55.680 type in the word PAIR, P-A-I-R, all right, so I'm going to type that here, P-A-I-R, you 28 00:01:55.680 --> 00:01:59.760 type that in, you'll come to this screen here. 29 00:01:59.760 --> 00:02:04.840 And you see the very first link, it says, check the filing status of your patent application. 30 00:02:04.840 --> 00:02:10.680 If you click on that, you'll see private PAIR and public PAIR, okay? 31 00:02:10.680 --> 00:02:15.320 Go into public PAIR, you click on that. 32 00:02:15.320 --> 00:02:18.440 Now I'm going to show you something very cool, all right? 33 00:02:18.440 --> 00:02:22.360 You can determine the status of anybody's patent application as long as it's been at 34 00:02:22.360 --> 00:02:25.480 least 18 months since they filed the application. 35 00:02:25.480 --> 00:02:31.240 So in this case, I click on publication number, let me make this a little bigger so everybody 36 00:02:31.240 --> 00:02:36.920 can see it, right? 37 00:02:36.920 --> 00:02:44.600 And then what I'll do is I'll put in the number here, paste, get rid of this stuff here, let's 38 00:02:44.600 --> 00:02:50.120 see, delete that, get rid of the ending, and search. 39 00:02:50.120 --> 00:02:55.000 Now watch this, look at this, all the information about their patent. 40 00:02:55.560 --> 00:03:02.680 Now I'm learning about, here's Amy, I can see all the other inventors on the case, I 41 00:03:02.680 --> 00:03:07.400 can see when it was filed, when it was published, I can see that actually was issued as a patent. 42 00:03:08.040 --> 00:03:11.240 There's the issuance date right underneath it. 43 00:03:12.120 --> 00:03:16.680 It tells you the publication, when it was published, like everything on it, right? 44 00:03:16.680 --> 00:03:22.600 In fact, I can click, and you may not know this, but you can actually click image file 45 00:03:22.600 --> 00:03:27.480 wrapper here and see every document she ever filed with the United States Patent Treamark 46 00:03:27.480 --> 00:03:28.280 Office. 47 00:03:28.280 --> 00:03:29.000 Do you see that? 48 00:03:30.600 --> 00:03:32.120 So why am I showing you this? 49 00:03:32.120 --> 00:03:34.360 Because this is what your competition is going to do, Amy. 50 00:03:35.320 --> 00:03:37.400 When they look at your patent, this is what they're going to do. 51 00:03:37.400 --> 00:03:42.920 They're going to want to know what exactly does the patent mean, what happens, what exactly 52 00:03:42.920 --> 00:03:44.760 do you own, right? 53 00:03:44.760 --> 00:03:49.880 So now I took a look at your patent, so I'm going to give you my own kind of, this is 54 00:03:49.880 --> 00:03:50.840 not legal advice. 55 00:03:51.640 --> 00:03:54.040 We always start every single session with this. 56 00:03:54.040 --> 00:03:55.720 This is not legal advice. 57 00:03:55.720 --> 00:03:59.880 I'm just telling you, like if I was a professor at law school, which I am, I'm just going 58 00:03:59.880 --> 00:04:03.800 to tell you in general what I see. 59 00:04:03.800 --> 00:04:06.440 So let's look at the patent itself. 60 00:04:07.480 --> 00:04:12.840 So this is the issued patent here, and you determine the strength of a patent by looking 61 00:04:12.840 --> 00:04:14.680 at the claims of the patent. 62 00:04:14.680 --> 00:04:18.360 So what I'm going to look at is this link here that says published documents. 63 00:04:18.360 --> 00:04:20.040 It's going to connect to the patent. 64 00:04:20.680 --> 00:04:24.920 So there I click published documents, and there it is, the US patent. 65 00:04:24.920 --> 00:04:30.040 So I just click on view, and boom, there it is. 66 00:04:30.040 --> 00:04:31.560 There's Amy's patent, okay? 67 00:04:32.520 --> 00:04:37.320 If you click on the thing called images right here, this link that says images, there is 68 00:04:37.320 --> 00:04:39.400 a view of her patent, right? 69 00:04:39.400 --> 00:04:44.440 So now let me make this bigger so everybody can see it. 70 00:04:45.000 --> 00:04:49.080 And I'm going to go directly to the claims, because I am a patent attorney, so I know 71 00:04:49.720 --> 00:04:55.000 from experience that the strength of a patent depends upon the claims, right? 72 00:04:55.000 --> 00:05:01.400 So I can write a patent on a bicycle, but if the claims say, at least in my case, say 73 00:05:00.000 --> 00:05:03.180 These two wheels rotatably connected to a center mass 74 00:05:01.400 --> 00:05:05.480 I'm going to write a patent on a bicycle, I'm not going to write a patent on a bicycle. 75 00:05:03.180 --> 00:05:07.920 where each wheel has exactly 42 10 inch spokes 76 00:05:05.480 --> 00:05:07.480 I'm not going to write a patent on a bicycle. 77 00:05:07.480 --> 00:05:09.480 I'm not going to write a patent on a bicycle. 78 00:05:07.920 --> 00:05:12.920 that are made of a black carbon that weigh exactly 0.0. 79 00:05:14.120 --> 00:05:17.720 I mean, that means that that patent essentially is worthless 80 00:05:17.720 --> 00:05:19.320 because to get around that patent, 81 00:05:19.320 --> 00:05:22.200 all you have to do is have one thing different. 82 00:05:22.200 --> 00:05:23.040 That's it. 83 00:05:24.080 --> 00:05:25.720 Then you don't infringe. 84 00:05:25.720 --> 00:05:28.720 So what we're gonna do with your permission, Amy, 85 00:05:28.720 --> 00:05:30.360 is do that analysis. 86 00:05:30.360 --> 00:05:31.240 You're okay with that? 87 00:05:31.240 --> 00:05:32.080 All right. 88 00:05:32.080 --> 00:05:33.440 So I'm gonna click on your claims 89 00:05:33.440 --> 00:05:34.280 and these are your claims. 90 00:05:34.280 --> 00:05:35.100 So here's your claim. 91 00:05:35.100 --> 00:05:36.240 You have one claim. 92 00:05:38.240 --> 00:05:40.560 In general, that's not the best situation 93 00:05:40.560 --> 00:05:41.720 when you only have one claim, 94 00:05:41.720 --> 00:05:45.920 but let me kind of give you an assessment of, 95 00:05:47.060 --> 00:05:49.220 here we go, now it's big enough. 96 00:05:49.220 --> 00:05:51.520 Anybody to infringe this patent 97 00:05:51.520 --> 00:05:54.980 must have every single limitation in this claim, 98 00:05:54.980 --> 00:05:56.160 every single one. 99 00:05:56.160 --> 00:05:58.160 Like if one limitation is missing, 100 00:05:58.160 --> 00:06:01.000 they do not infringe, okay? 101 00:06:01.000 --> 00:06:02.860 Really important to understand that. 102 00:06:02.860 --> 00:06:06.360 So one of the things that I look for as a litigator 103 00:06:06.360 --> 00:06:07.800 is I look for numbers. 104 00:06:07.800 --> 00:06:10.680 You see how it says less than 20 inches, 105 00:06:10.680 --> 00:06:13.900 the degree, it says 80 to 100 degrees. 106 00:06:13.900 --> 00:06:17.080 I look for those kind of limiting things, right? 107 00:06:17.080 --> 00:06:19.960 But the one thing that jumped out to me with your patent 108 00:06:19.960 --> 00:06:22.280 was I don't understand why this happened, 109 00:06:22.280 --> 00:06:23.780 but you have a method patent. 110 00:06:25.260 --> 00:06:27.440 I don't understand why. 111 00:06:27.760 --> 00:06:32.300 You have an apparatus, you have a device, it's a product. 112 00:06:32.300 --> 00:06:37.300 So why did they file claims on a method I don't understand? 113 00:06:37.580 --> 00:06:42.480 Because to infringe this claim, it requires a person 114 00:06:42.480 --> 00:06:45.840 and it requires a person performing a specific action. 115 00:06:47.640 --> 00:06:48.760 And what do I mean by that? 116 00:06:48.760 --> 00:06:49.600 Look at the claim here. 117 00:06:49.600 --> 00:06:52.060 It says a method of protecting a beverage 118 00:06:52.060 --> 00:06:55.240 from weather elements, but look at the limitations. 119 00:06:55.240 --> 00:06:57.020 It talks about the shelter. 120 00:06:57.540 --> 00:06:58.740 It has all the limitations of the shelter, 121 00:06:58.740 --> 00:07:00.380 but then come down here, 122 00:07:00.380 --> 00:07:02.620 placing the shelter adjacent to a pool. 123 00:07:02.620 --> 00:07:07.540 So if somebody places it on a picnic table, 124 00:07:07.540 --> 00:07:09.940 not next to a pool, they don't infringe? 125 00:07:09.940 --> 00:07:13.420 Like why, I don't understand why they made that 126 00:07:13.420 --> 00:07:15.660 a limitation of your patent. 127 00:07:15.660 --> 00:07:19.620 That to me, as a litigator, that doesn't make sense. 128 00:07:19.620 --> 00:07:21.180 And then separate from that, 129 00:07:21.180 --> 00:07:23.420 positioning a beverage within the shelter 130 00:07:23.420 --> 00:07:26.100 so that the beverage is shielded from sunlight. 131 00:07:26.100 --> 00:07:30.260 Again, it's an unnecessary limitation, right? 132 00:07:30.260 --> 00:07:33.340 Like you have an apparatus, it's a great apparatus. 133 00:07:33.340 --> 00:07:35.740 So the claim should have, what the claim should have said 134 00:07:35.740 --> 00:07:39.700 was an apparatus for protecting a beverage 135 00:07:39.700 --> 00:07:42.580 from weather elements or just an apparatus 136 00:07:42.580 --> 00:07:47.580 for sheltering a device holding a beverage 137 00:07:49.820 --> 00:07:54.100 or whatever it is, but this adding the elements 138 00:07:54.100 --> 00:07:59.100 of placing next to a pool and positioning the beverage, 139 00:07:59.260 --> 00:08:04.260 that means if I'm at Target and I sell these things, 140 00:08:05.300 --> 00:08:08.860 well, Target's not at a pool, Target's not, 141 00:08:08.860 --> 00:08:10.440 Target doesn't actually take the beverage 142 00:08:10.440 --> 00:08:13.780 and put it inside of the shelter itself. 143 00:08:13.780 --> 00:08:15.380 Like they're not doing any of that stuff. 144 00:08:15.380 --> 00:08:19.580 So is Target infringing by selling a thousand units? 145 00:08:19.580 --> 00:08:22.140 Well, that walks you into a whole assessment 146 00:08:22.140 --> 00:08:24.940 of what's called indirect infringement. 147 00:08:24.940 --> 00:08:27.500 And is it really, is this a situation 148 00:08:27.500 --> 00:08:31.980 where you're having inducement of infringement or not? 149 00:08:31.980 --> 00:08:33.860 And you don't wanna play that game. 150 00:08:33.860 --> 00:08:38.020 Like you, look, I've got a device, this is a device. 151 00:08:38.020 --> 00:08:41.539 It's got a circle on a top, it's got rotund body, 152 00:08:41.539 --> 00:08:46.540 it holds a substance, there's a rim and there's a ridge 153 00:08:47.300 --> 00:08:49.700 for a cap to be rolled on it, period. 154 00:08:50.700 --> 00:08:54.260 To say, I've got a method of storing a liquid 155 00:08:54.260 --> 00:08:56.660 for drinking by a human being, 156 00:08:57.580 --> 00:09:02.580 it makes the patent less, it has less strength. 157 00:09:03.020 --> 00:09:05.100 The reason for that is because, 158 00:09:05.100 --> 00:09:07.500 well, what if somebody put marbles in it? 159 00:09:07.500 --> 00:09:09.140 What if somebody put sand in it? 160 00:09:09.140 --> 00:09:12.220 What if somebody, you know, put a smoothie in it? 161 00:09:12.220 --> 00:09:13.860 Like, is a smoothie a liquid? 162 00:09:13.860 --> 00:09:14.700 Is it not? 163 00:09:14.700 --> 00:09:17.940 I mean, so now it's, those are unnecessary limitations 164 00:09:17.940 --> 00:09:21.140 that are added to your claim, which are, 165 00:09:21.140 --> 00:09:24.140 that's something that you need to be aware of 166 00:09:24.140 --> 00:09:28.180 as you look at potential enforcement, all right? 167 00:09:28.180 --> 00:09:29.380 Why do I say that? 168 00:09:30.660 --> 00:09:35.500 Again, if Target says, hey, construction guys, 169 00:09:35.500 --> 00:09:40.500 are you tired of having your beer get hot in the sun? 170 00:09:40.700 --> 00:09:44.700 Purchase this new, you know, beverage shelter. 171 00:09:44.700 --> 00:09:47.620 And there's the beverage shelter, it's not next to your pool 172 00:09:48.300 --> 00:09:50.820 and so it doesn't essentially infringe the patent 173 00:09:51.980 --> 00:09:53.460 because it's not next to a pool. 174 00:09:53.460 --> 00:09:56.780 So that's an unnecessary limitation that's in the claim. 175 00:09:56.780 --> 00:09:59.340 So if I were trying to do the assessment on your claim, 176 00:09:59.340 --> 00:10:00.340 I would say, right. 177 00:10:00.000 --> 00:10:02.000 Every single element here, you know, a frame, 178 00:10:02.000 --> 00:10:03.360 including a plurality of supports. 179 00:10:03.360 --> 00:10:05.000 Yup, that's great. 180 00:10:05.000 --> 00:10:07.400 A base, each of the supports being attached to the base. 181 00:10:07.400 --> 00:10:08.680 Yup, that's great. 182 00:10:08.680 --> 00:10:10.680 Supports being pivotally coupled to the base. 183 00:10:10.680 --> 00:10:11.520 That's fine. 184 00:10:11.520 --> 00:10:14.600 Being positioned in a deployed condition, 185 00:10:14.600 --> 00:10:15.600 extending upwardly. 186 00:10:15.600 --> 00:10:16.560 Yup, that makes sense. 187 00:10:16.560 --> 00:10:19.240 From the base in a collapsed condition, 188 00:10:19.240 --> 00:10:20.120 lying on the base. 189 00:10:20.120 --> 00:10:21.240 That's all fine. 190 00:10:21.240 --> 00:10:23.720 Now we start to get into dimensions. 191 00:10:23.720 --> 00:10:25.160 I have problems with dimensions. 192 00:10:25.160 --> 00:10:27.200 I don't think they're necessary. 193 00:10:27.240 --> 00:10:29.360 It says the frame having a height, length, 194 00:10:29.360 --> 00:10:32.280 and width, each being less than 20 inches. 195 00:10:32.280 --> 00:10:33.360 Why? 196 00:10:33.360 --> 00:10:35.880 So if somebody does it 21 inches, they don't infringe? 197 00:10:35.880 --> 00:10:36.960 Like, why? 198 00:10:36.960 --> 00:10:39.440 Like, why did they have to say 20 inches? 199 00:10:39.440 --> 00:10:41.560 I mean, it's not necessary. 200 00:10:41.560 --> 00:10:44.720 Unless they're aware of prior art, 201 00:10:44.720 --> 00:10:46.920 that, which might be the case. 202 00:10:46.920 --> 00:10:49.360 It may be that your lawyer did a search 203 00:10:49.360 --> 00:10:51.280 and said, you know what? 204 00:10:51.280 --> 00:10:54.120 The claims kind of look similar to a shed. 205 00:10:54.120 --> 00:10:56.040 And so we might have to make it really clear 206 00:10:56.040 --> 00:10:57.680 that this is a small, portable thing. 207 00:10:57.680 --> 00:10:59.680 So I might have to throw some limitations in there. 208 00:10:59.680 --> 00:11:01.320 That might be part of it. 209 00:11:01.320 --> 00:11:02.160 Part of why- 210 00:11:02.160 --> 00:11:03.480 I'll jump in here just really quick. 211 00:11:03.480 --> 00:11:05.320 Yeah, because there were some of those issues. 212 00:11:05.320 --> 00:11:07.800 Yeah, so I totally agree. 213 00:11:07.800 --> 00:11:11.120 And the original patent application was filed 214 00:11:11.120 --> 00:11:15.440 with that claim number one being a beverage assembly, okay? 215 00:11:15.440 --> 00:11:16.560 Oh, that's nice. 216 00:11:16.560 --> 00:11:18.560 Because there was prior art, 217 00:11:18.560 --> 00:11:20.120 you know, we've had to narrow this 218 00:11:20.120 --> 00:11:21.400 to what we ended up with here. 219 00:11:21.400 --> 00:11:23.480 Why did they go to a method though? 220 00:11:23.480 --> 00:11:25.040 Did you have any apparatus claims 221 00:11:25.040 --> 00:11:25.880 in your original files? 222 00:11:26.720 --> 00:11:27.560 There were some apparatus claims, 223 00:11:27.560 --> 00:11:30.200 but none of those survived the prosecution. 224 00:11:30.200 --> 00:11:31.680 We did have one method claim 225 00:11:31.680 --> 00:11:34.560 and that's what survived here. 226 00:11:34.560 --> 00:11:35.400 Okay. 227 00:11:35.400 --> 00:11:37.000 Yeah, so then that's, 228 00:11:37.000 --> 00:11:41.280 what you just said is precisely the issue 229 00:11:41.280 --> 00:11:43.720 that you're going to run into with enforcement. 230 00:11:43.720 --> 00:11:45.360 I don't know if, can you see my screen right now 231 00:11:45.360 --> 00:11:47.000 where I'm looking at your prosecution history? 232 00:11:47.000 --> 00:11:47.840 Yeah. 233 00:11:47.840 --> 00:11:49.640 All right, I'm gonna show you something real quick 234 00:11:49.640 --> 00:11:52.320 and then we'll jump to your other questions 235 00:11:52.320 --> 00:11:53.160 and then we'll start taking 236 00:11:53.160 --> 00:11:55.600 some other questions here as well. 237 00:11:56.360 --> 00:11:57.200 So let me just show you something. 238 00:11:57.200 --> 00:11:59.680 Here's your non-final office action right there. 239 00:11:59.680 --> 00:12:01.600 Non-final rejection. 240 00:12:01.600 --> 00:12:04.360 That was your rejection that you received. 241 00:12:04.360 --> 00:12:05.520 Yep. 242 00:12:05.520 --> 00:12:08.320 So I can see claim 20 was allowed right out of the bat. 243 00:12:09.400 --> 00:12:11.640 And I'm assuming that was probably your method claim. 244 00:12:11.640 --> 00:12:12.560 Yes. 245 00:12:12.560 --> 00:12:13.400 Yeah. 246 00:12:13.400 --> 00:12:14.440 And so as you look through, 247 00:12:14.440 --> 00:12:16.640 you can see the prior art that was cited. 248 00:12:16.640 --> 00:12:19.240 Oh, so somebody had a beverage shelter assembly. 249 00:12:19.240 --> 00:12:24.160 Yeah, there were some out there when we did the searching. 250 00:12:24.160 --> 00:12:26.360 When I did the searching, I found some 251 00:12:26.360 --> 00:12:28.200 and our patent attorney did some searching. 252 00:12:28.200 --> 00:12:30.480 He found some and that's where I think we tried 253 00:12:30.480 --> 00:12:34.480 to weave it in there that we could get that, 254 00:12:34.480 --> 00:12:37.040 at least that segment of the market. 255 00:12:38.440 --> 00:12:39.280 That's good. 256 00:12:39.280 --> 00:12:41.560 All right, so here's your amendment. 257 00:12:41.560 --> 00:12:42.800 So you did amend the claims. 258 00:12:42.800 --> 00:12:46.640 Yep, you amended the claims right off the bat. 259 00:12:46.640 --> 00:12:47.760 Yeah, and there's your non-final. 260 00:12:47.760 --> 00:12:50.440 And then you got another non-final rejection. 261 00:12:50.440 --> 00:12:51.520 Yeah. 262 00:12:51.520 --> 00:12:54.080 And there's your claims again. 263 00:12:55.000 --> 00:12:57.600 And so if I look at, let me look at your final claims. 264 00:12:57.600 --> 00:12:59.040 Yeah, you canceled them all. 265 00:12:59.040 --> 00:12:59.880 Yeah. 266 00:12:59.880 --> 00:13:01.400 Yeah, that's why you don't have anything else. 267 00:13:01.400 --> 00:13:04.840 Okay, so let me stop sharing the screen 268 00:13:04.840 --> 00:13:07.560 to so people understand what I'm doing here. 269 00:13:07.560 --> 00:13:08.400 All right. 270 00:13:10.160 --> 00:13:12.280 Any of you that are creating a method 271 00:13:12.280 --> 00:13:14.000 that you're gonna try to protect by patent 272 00:13:14.000 --> 00:13:16.800 or a product that you're gonna try to protect by patent, 273 00:13:16.800 --> 00:13:17.880 any of those things, 274 00:13:18.960 --> 00:13:21.160 if you're going to build a company, 275 00:13:21.160 --> 00:13:24.880 you want to think of the point of enforcement, right? 276 00:13:24.880 --> 00:13:28.040 Like who am I potentially going to be enforcing 277 00:13:28.040 --> 00:13:29.600 this IP against? 278 00:13:29.600 --> 00:13:31.320 And then you want to determine, 279 00:13:31.320 --> 00:13:33.680 when you look at the claims, who is that person? 280 00:13:33.680 --> 00:13:37.000 So just like when we looked at the method claim, 281 00:13:37.000 --> 00:13:40.080 we saw in the claim, it said there was a pool. 282 00:13:40.080 --> 00:13:43.240 It said that you had to have substance inside the thing. 283 00:13:43.240 --> 00:13:44.760 Well, if you're not in a pool 284 00:13:44.760 --> 00:13:48.080 or you're not next to a pool, you really don't infringe. 285 00:13:48.080 --> 00:13:50.320 And so this may be the best thing in the world, 286 00:13:50.320 --> 00:13:52.680 but if somebody uses it outside of a pool, 287 00:13:52.680 --> 00:13:54.400 they don't have an infringement issue. 288 00:13:54.400 --> 00:13:56.680 So, because that's a natural limitation of the claim. 289 00:13:56.680 --> 00:13:59.240 So you've got to think, you've got to think to yourself, 290 00:13:59.240 --> 00:14:00.880 okay, when I try to enforce this, 291 00:14:00.880 --> 00:14:03.200 do I want to stop people that are using this 292 00:14:04.200 --> 00:14:06.040 at a soccer game? 293 00:14:06.040 --> 00:14:09.000 You know, how many moms and dads are going to soccer games 294 00:14:09.000 --> 00:14:09.840 and this is an issue? 295 00:14:09.840 --> 00:14:11.480 Like they have their drink or whatever 296 00:14:11.480 --> 00:14:13.240 and they put it in the chair, but it still gets hot. 297 00:14:13.240 --> 00:14:15.800 So they want something to kind of cover it, you know, 298 00:14:15.800 --> 00:14:17.760 cause they're stuck. 299 00:14:17.760 --> 00:14:19.880 All right, this is pains that I'm going through myself. 300 00:14:20.440 --> 00:14:22.320 Like they're stuck at this event for six hours 301 00:14:22.320 --> 00:14:25.600 on a Saturday when they could be doing any, no, anyways. 302 00:14:25.600 --> 00:14:29.800 So, you know, their drink's getting warm, okay. 303 00:14:29.800 --> 00:14:31.400 Did that really, did it just come out? 304 00:14:31.400 --> 00:14:32.240 I feel better now. 305 00:14:32.240 --> 00:14:33.920 I think that was heart healing. 306 00:14:33.920 --> 00:14:35.280 I think I feel better. 307 00:14:35.280 --> 00:14:37.280 All right, so that's something to keep in mind, 308 00:14:37.280 --> 00:14:40.720 but that person doesn't infringe this patent 309 00:14:40.720 --> 00:14:41.960 and that's not necessary. 310 00:14:41.960 --> 00:14:43.960 And so that those limitations are not things 311 00:14:43.960 --> 00:14:46.240 that you want to have. 312 00:14:46.240 --> 00:14:48.200 All right, the other part, 313 00:14:48.240 --> 00:14:50.760 when you have your patent issuing, 314 00:14:50.760 --> 00:14:53.800 you want to do what's called a continuation application. 315 00:14:53.800 --> 00:14:54.960 What do I mean by that? 316 00:14:55.880 --> 00:14:57.480 My patent's ready to issue. 317 00:14:57.480 --> 00:14:59.920 Once my patent issues, I can't modify. 318 00:15:00.000 --> 00:15:05.060 a patent. It's over. Prosecution is over. It is issued. I can't 319 00:15:05.060 --> 00:15:07.400 make it broader. I can't make it more narrow. I can't do 320 00:15:07.400 --> 00:15:11.000 anything. It is issued. It is over game over. What you got is 321 00:15:11.000 --> 00:15:12.400 what you got. Okay. Yep. 322 00:15:12.440 --> 00:15:15.560 Can I jump in right there? Absolutely. We were really 323 00:15:15.560 --> 00:15:19.440 excited that we got because there's other patents out there 324 00:15:19.640 --> 00:15:25.080 on shading things that shade. So that's where we're like, hey, we 325 00:15:25.080 --> 00:15:28.640 got this segment. And then once you have that in the patent, 326 00:15:28.640 --> 00:15:31.920 then what we were told by our attorney and then other 327 00:15:31.960 --> 00:15:34.280 manufacturing when we're doing the test market is let the 328 00:15:34.280 --> 00:15:37.820 consumer find the use. Because you're not infringing on 329 00:15:37.820 --> 00:15:40.320 yourself, right? And then they'll find it, they'll take it 330 00:15:40.320 --> 00:15:43.800 out to soccer places and things like that. So other people may 331 00:15:43.800 --> 00:15:47.000 try to knock that off, but at least you're first to market. I 332 00:15:47.000 --> 00:15:49.040 don't know if that's I know by your face, it might not be. 333 00:15:49.040 --> 00:15:50.920 Yeah, it doesn't really that part doesn't. 334 00:15:50.920 --> 00:15:52.920 But there's other patents out there that we've 335 00:15:52.920 --> 00:15:56.280 Sure, sure. Yeah. Yeah. And that can happen. Like you can enter 336 00:15:56.280 --> 00:15:58.840 into a market that's really busy. But you still want to be 337 00:15:58.840 --> 00:16:00.640 able to have a patent number on there, because it's going to 338 00:16:00.640 --> 00:16:03.080 scare a lot of the competition, regardless of whether or not 339 00:16:03.080 --> 00:16:05.400 they assess the claim itself, right? Because most people in 340 00:16:05.400 --> 00:16:08.320 the market don't actually realize, oh, you can analyze the 341 00:16:08.320 --> 00:16:11.320 claim and see whether or not you infringe. So just having a 342 00:16:11.320 --> 00:16:14.160 patent number usually will scare people, right? So it's a good 343 00:16:14.160 --> 00:16:18.040 tactic anyway. But so once your patents about the issue, if you 344 00:16:18.040 --> 00:16:22.400 file a continuation application, then what happens is like in 345 00:16:22.400 --> 00:16:25.480 this situation, I'd be able to go in there and see if there's 346 00:16:25.480 --> 00:16:28.560 anything that you can salvage to try to get an apparatus 347 00:16:29.200 --> 00:16:33.640 claim, right? But since the patent is issued, the case is 348 00:16:33.880 --> 00:16:38.320 over. Like you can't go back and try to like reopen the case. 349 00:16:38.320 --> 00:16:41.280 It's it's now over. Now there is a thing called a broadening 350 00:16:41.280 --> 00:16:47.600 reissue. That's really cool. It has to be done, I believe, 351 00:16:47.600 --> 00:16:50.800 within two years of the when did you patent issue? 352 00:16:51.640 --> 00:16:55.120 19. I think it's 20. It says on it. Where is it? I think it's 353 00:16:55.120 --> 00:17:01.680 2019. Yeah, 19. Let me see. Oh, no, it's 20. It's 2020. Okay. 354 00:17:01.720 --> 00:17:04.880 Okay. Now you might be outside. Yeah, you're outside the room. 355 00:17:05.440 --> 00:17:08.440 Okay, so there's this thing called a broadening reissue. 356 00:17:08.480 --> 00:17:12.240 What you can do is file a you can surrender your original 357 00:17:12.240 --> 00:17:17.160 patent and go after something broader. It's it's a incredible 358 00:17:17.319 --> 00:17:21.480 incredible tool in the patent office that most people don't 359 00:17:21.480 --> 00:17:24.760 know about. If you ever get to a situation where, where you've 360 00:17:24.760 --> 00:17:27.400 got a product and you've got protection and people are 361 00:17:27.400 --> 00:17:30.640 infringing upon it and you want to stop them, but your claim is 362 00:17:30.640 --> 00:17:34.880 too narrow. Remember broadening reissue, and you file for that 363 00:17:34.920 --> 00:17:37.920 you try to get a broader coverage. Chances are you're 364 00:17:37.920 --> 00:17:41.200 going to still be able to get what you already have. But 365 00:17:41.200 --> 00:17:43.680 you're trying to get something bigger. And if you get that 366 00:17:43.680 --> 00:17:45.920 something bigger, you can literally take over an entire 367 00:17:45.920 --> 00:17:50.320 market. It's a very powerful tool. Alright, so that's kind of 368 00:17:50.320 --> 00:17:53.480 to talk about, you know, your claims and what they mean. And I 369 00:17:53.480 --> 00:17:56.560 mean, it's not the best situation, but, but I totally 370 00:17:56.560 --> 00:18:01.480 understand the strategy that you're using. And so, yeah, so 371 00:18:01.480 --> 00:18:05.760 now to go to some of your other questions. So let's start 372 00:18:05.760 --> 00:18:08.400 digging into some of the other questions that you have. So just 373 00:18:08.400 --> 00:18:10.240 let me know what what are the other ones that you had? 374 00:18:11.320 --> 00:18:13.720 Signing a non compete with the manufacturer. 375 00:18:13.800 --> 00:18:17.840 Okay, so non compete with a manufacturer. I definitely would 376 00:18:17.880 --> 00:18:21.360 would do it. Most manufacturers won't sign one, quite frankly. 377 00:18:22.040 --> 00:18:24.560 The reason why is because they're in the business of 378 00:18:24.560 --> 00:18:28.400 manufacturing. And so you know, they're, they're not going to 379 00:18:28.400 --> 00:18:31.120 sign off. Most of them are not going to sign off on a non 380 00:18:31.120 --> 00:18:34.560 compete with somebody who's a startup and shut down their 381 00:18:34.560 --> 00:18:38.000 potential of working for somebody who's exponentially 382 00:18:38.000 --> 00:18:43.160 larger later, just because, you know, somebody is doing 100 383 00:18:43.160 --> 00:18:46.440 users to 1000 units, they may be get be able to get 50,000 384 00:18:46.440 --> 00:18:51.320 units for a competitor. And so the way they see it is, I'm not 385 00:18:51.320 --> 00:18:53.520 competing with you. I'm just making the product. I'm not 386 00:18:53.520 --> 00:18:56.720 selling it. I'm just manufacturing it. So why should 387 00:18:56.720 --> 00:19:00.640 you be able to shut me down from making something that's that's 388 00:19:00.640 --> 00:19:05.120 your issue with somebody else's making a product, not your issue 389 00:19:05.120 --> 00:19:08.960 with me. I'm just, I'm running a machine. That's it all day long. 390 00:19:08.960 --> 00:19:12.400 I just run a machine. And I send out your products. Now if you 391 00:19:12.400 --> 00:19:17.920 can get it, absolutely. You can get an NDA and a non compete. 392 00:19:18.160 --> 00:19:21.680 That's great. But what you should at least get is an NDA. 393 00:19:22.480 --> 00:19:25.000 Like because, you know, so you may not be able to get a non 394 00:19:25.000 --> 00:19:28.680 compete. But you should at least be able to get an NDA a non 395 00:19:28.680 --> 00:19:32.280 disclosure agreement, which means you're just you're, you're 396 00:19:32.680 --> 00:19:36.960 letting them see the technology schematics, you're giving them 397 00:19:36.960 --> 00:19:40.960 the layouts, right. And so you want to lock them in from taking 398 00:19:40.960 --> 00:19:43.880 that exact schematic and then calling up your arch rival and 399 00:19:43.880 --> 00:19:47.000 saying, Hey, these guys just came out with the coolest 400 00:19:47.000 --> 00:19:50.240 thing. I'm gonna you know, I'm willing to actually start 401 00:19:50.240 --> 00:19:52.680 selling you some prototypes. I'm not locked into any agreement 402 00:19:52.680 --> 00:19:57.080 here. So if you want to start making this stuff, you know, 403 00:19:57.080 --> 00:20:00.000 I'll take 10% off of what you make 404 00:20:00.000 --> 00:20:00.840 on this deal. 405 00:20:00.840 --> 00:20:04.000 And so, you know, they'll do that without you even knowing. 406 00:20:04.000 --> 00:20:07.000 So I would at least get a non-disclosure agreement in place. 407 00:20:07.960 --> 00:20:11.720 Non-competes, again, for manufacturers, very hard. 408 00:20:11.720 --> 00:20:13.160 Cause number one, 409 00:20:13.160 --> 00:20:15.100 they don't want to be locked out of 410 00:20:15.100 --> 00:20:16.040 working with other people. 411 00:20:16.040 --> 00:20:17.080 But number two, 412 00:20:17.080 --> 00:20:19.760 they don't know who your competition is in many cases. 413 00:20:19.760 --> 00:20:21.720 They're just making the product. 414 00:20:21.720 --> 00:20:23.560 Like they didn't analyze your market. 415 00:20:23.560 --> 00:20:25.080 They don't know. 416 00:20:25.080 --> 00:20:28.080 They don't know that your shelter is like in competition 417 00:20:28.080 --> 00:20:32.000 with Target and Home Depot and they don't know that. 418 00:20:32.000 --> 00:20:34.760 So they're not going to spend the time researching that. 419 00:20:34.760 --> 00:20:37.160 So it becomes, I'm not saying you can't get it. 420 00:20:37.160 --> 00:20:38.960 I'm just saying it's very difficult. 421 00:20:40.560 --> 00:20:42.120 Okay. 422 00:20:42.120 --> 00:20:43.940 Yeah, that's right, Helene. 423 00:20:43.940 --> 00:20:45.320 Two years. 424 00:20:45.320 --> 00:20:46.160 Yeah. 425 00:20:47.000 --> 00:20:48.240 Yeah. 426 00:20:48.240 --> 00:20:49.480 Okay. And you had one other question 427 00:20:49.480 --> 00:20:51.000 before I go to the next one. 428 00:20:51.000 --> 00:20:51.840 What was your other? 429 00:20:51.840 --> 00:20:53.920 There was, there was one, 430 00:20:53.920 --> 00:20:55.580 I know we hit the manufacturing issue. 431 00:20:55.580 --> 00:20:58.180 We hit the, the patent issue. 432 00:20:58.180 --> 00:21:00.380 And then we just hit the, 433 00:21:00.380 --> 00:21:03.060 that other issue just talking about with regard. 434 00:21:03.060 --> 00:21:04.740 Oh, maybe it wasn't you. 435 00:21:04.740 --> 00:21:06.860 Somebody was asking about, 436 00:21:06.860 --> 00:21:10.780 how do you know which entities should hold the IP? 437 00:21:11.860 --> 00:21:12.700 All right. 438 00:21:12.700 --> 00:21:13.520 As a matter of fact, 439 00:21:13.520 --> 00:21:14.460 there was more than one person actually asked that. 440 00:21:14.460 --> 00:21:15.420 I know, I believe Jody. 441 00:21:15.420 --> 00:21:17.300 Yep. Jody was one of them. 442 00:21:17.300 --> 00:21:18.420 I think there was another person 443 00:21:18.420 --> 00:21:19.540 who asked the exact same question. 444 00:21:19.540 --> 00:21:21.060 Crystal, was that one of yours? 445 00:21:21.060 --> 00:21:22.020 Yeah. Yeah. 446 00:21:22.020 --> 00:21:23.620 And it's a really good question. 447 00:21:24.620 --> 00:21:25.900 This is a strategy issue 448 00:21:25.900 --> 00:21:27.540 that you need to talk to a lawyer on. 449 00:21:27.540 --> 00:21:28.380 All right. 450 00:21:28.380 --> 00:21:29.980 So this is not, 451 00:21:29.980 --> 00:21:31.500 there's not IP, 452 00:21:31.500 --> 00:21:32.820 not, not legal advice. 453 00:21:32.820 --> 00:21:35.940 What I'm saying is exclusively, 454 00:21:36.900 --> 00:21:38.020 April, do you remember? 455 00:21:38.020 --> 00:21:39.460 I don't know if you remember as an aside, 456 00:21:39.460 --> 00:21:41.100 somebody said there should be a drinking game 457 00:21:41.100 --> 00:21:44.980 every time Peter says not legal advice, 458 00:21:44.980 --> 00:21:46.620 but don't drink alcohol. 459 00:21:46.620 --> 00:21:47.980 Don't do, not alcohol. 460 00:21:47.980 --> 00:21:49.940 You can drink like another beverage. 461 00:21:49.940 --> 00:21:51.300 Literally everybody should go like this. 462 00:21:51.340 --> 00:21:53.620 Every time I say this is not legal advice, 463 00:21:53.620 --> 00:21:55.340 it would make me laugh hysterically. 464 00:21:55.340 --> 00:21:56.900 Yes, exactly. 465 00:21:56.900 --> 00:21:57.740 So, 466 00:21:59.740 --> 00:22:00.900 that's too funny. 467 00:22:00.900 --> 00:22:03.380 So what I would do 468 00:22:03.380 --> 00:22:06.020 is I would try to find an entity 469 00:22:06.020 --> 00:22:09.580 that is in an area that has a lower tax bracket, right? 470 00:22:09.580 --> 00:22:12.900 When it comes to intangible assets. 471 00:22:12.900 --> 00:22:14.380 And this is why you should speak to your lawyer 472 00:22:14.380 --> 00:22:16.580 and speak to your tax person. 473 00:22:16.580 --> 00:22:18.260 Because when I do that, 474 00:22:18.260 --> 00:22:19.380 like I have some companies 475 00:22:19.380 --> 00:22:23.340 who have actually created entities in the United Kingdom 476 00:22:23.340 --> 00:22:24.380 and in other places, 477 00:22:24.380 --> 00:22:26.500 cause they have a lower tax bracket. 478 00:22:26.500 --> 00:22:28.620 And so now they take all the IP assets 479 00:22:28.620 --> 00:22:31.780 and they place them in that entity. 480 00:22:31.780 --> 00:22:34.660 So now it's being taxed at a lower tax bracket. 481 00:22:34.660 --> 00:22:35.860 So now they're getting, 482 00:22:35.860 --> 00:22:38.220 they're not spending as much money, 483 00:22:38.220 --> 00:22:40.060 you know, as a corporation. 484 00:22:40.060 --> 00:22:42.660 But one of the things that we talked about before 485 00:22:42.660 --> 00:22:45.140 that's really important for you all to understand is, 486 00:22:45.140 --> 00:22:47.420 you know, your ownership rights. 487 00:22:47.420 --> 00:22:49.740 If you're gonna start transferring rights 488 00:22:49.740 --> 00:22:51.900 to your IP into a corporation, 489 00:22:51.900 --> 00:22:54.420 you better make sure you control that corporation. 490 00:22:55.500 --> 00:22:56.340 All right? 491 00:22:56.340 --> 00:22:58.420 Cause I've heard many nightmares. 492 00:22:58.420 --> 00:23:01.340 I mean, many nightmares where people will say, 493 00:23:01.340 --> 00:23:02.500 well, you know, 494 00:23:02.500 --> 00:23:06.140 I wanna transfer the rights to this over to X corporation. 495 00:23:06.140 --> 00:23:08.500 I'm on the board of X corporation. 496 00:23:08.500 --> 00:23:10.540 And then the next shareholder meeting comes up 497 00:23:10.540 --> 00:23:11.660 and they're voted out. 498 00:23:12.540 --> 00:23:14.500 And now their IP is gone. 499 00:23:14.500 --> 00:23:16.740 Like it belongs to the corporation 500 00:23:16.740 --> 00:23:18.140 and they're no longer on the board. 501 00:23:18.140 --> 00:23:21.740 So they have no decision power. 502 00:23:21.740 --> 00:23:23.900 And the result is it's gone. 503 00:23:23.900 --> 00:23:25.900 And now they wanna sue the corporation. 504 00:23:26.900 --> 00:23:28.860 You're done. 505 00:23:28.860 --> 00:23:29.860 It's over. 506 00:23:29.860 --> 00:23:33.420 So make sure that there are ways around this 507 00:23:33.420 --> 00:23:36.140 through like licensing your IP to the corporation 508 00:23:36.140 --> 00:23:37.340 is one way. 509 00:23:38.500 --> 00:23:40.220 But I know a lot of people like to make sure 510 00:23:40.220 --> 00:23:41.740 the IP belongs to the corporation 511 00:23:41.740 --> 00:23:43.860 just for liability purposes, 512 00:23:43.860 --> 00:23:44.900 which is very, 513 00:23:44.900 --> 00:23:48.380 it's a good strategy just to kind of make sure that 514 00:23:48.380 --> 00:23:52.540 if somebody sues the company because of the IP, 515 00:23:52.540 --> 00:23:53.380 you wanna kind of say, 516 00:23:53.380 --> 00:23:54.460 well, it's not my IP. 517 00:23:54.460 --> 00:23:56.140 Look, it belongs to the corporation. 518 00:23:56.140 --> 00:23:58.420 Sue the corporation, not me personally. 519 00:23:58.420 --> 00:24:00.500 So that's a good strategy. 520 00:24:00.500 --> 00:24:02.220 But just keep in mind, 521 00:24:02.220 --> 00:24:04.380 you gotta make sure if you're trying to maintain 522 00:24:04.380 --> 00:24:06.140 control of the corporation 523 00:24:06.140 --> 00:24:07.780 and the IP is the way to do that, 524 00:24:07.780 --> 00:24:11.060 you can't relinquish full rights. 525 00:24:11.060 --> 00:24:12.820 Cause if you do it, it's gone. 526 00:24:12.860 --> 00:24:16.700 So Jody, does that answer your question in some respects? 527 00:24:16.700 --> 00:24:19.340 Cause I know you were talking about like the larger entity 528 00:24:19.340 --> 00:24:20.860 and then there's a subsidiary 529 00:24:20.860 --> 00:24:23.540 and then there's like under this subsidiary, 530 00:24:23.540 --> 00:24:26.060 do I have the assets in the holding company 531 00:24:26.060 --> 00:24:27.980 or do I have it in the subsidiary 532 00:24:27.980 --> 00:24:29.860 or do I have it in this entity? 533 00:24:29.860 --> 00:24:31.540 You really should talk to a lawyer about that 534 00:24:31.540 --> 00:24:33.500 because it's the strategy. 535 00:24:33.500 --> 00:24:38.020 It's your specific strategy for your specific scenario 536 00:24:38.020 --> 00:24:39.940 that's gonna dictate where you want that. 537 00:24:39.940 --> 00:24:43.220 I've had some companies that place the assets 538 00:24:43.220 --> 00:24:45.140 in this subsidiary over here 539 00:24:45.140 --> 00:24:48.500 so that the mothership never gets touched. 540 00:24:48.500 --> 00:24:50.580 They're like the mothership is worth millions, 541 00:24:50.580 --> 00:24:52.620 if not billions of dollars 542 00:24:52.620 --> 00:24:54.500 and they don't want the mothership getting touched. 543 00:24:54.500 --> 00:24:57.140 Like, look, you wanna take out a leg, that's fine. 544 00:24:57.140 --> 00:24:59.580 But the rest of the body is still functioning. 545 00:25:00.000 --> 00:25:03.600 And so they put the IP rights in this entity over here. 546 00:25:03.600 --> 00:25:06.960 And in fact, I just had a scenario where one of my clients got sued. 547 00:25:07.920 --> 00:25:12.800 And in that lawsuit, they filed a lawsuit against the mothership, right? 548 00:25:12.800 --> 00:25:15.600 The big, big billion-dollar corporation. 549 00:25:16.960 --> 00:25:19.760 And I had a field day with it. 550 00:25:19.760 --> 00:25:22.240 I just responded to him and said, who? 551 00:25:23.280 --> 00:25:28.240 And they said, well, you know, this company, like it's a big, big company. 552 00:25:28.240 --> 00:25:30.080 They're liable for this, this, and this. 553 00:25:30.960 --> 00:25:31.680 I go, really? 554 00:25:32.480 --> 00:25:32.800 How? 555 00:25:33.840 --> 00:25:35.360 And I mean, I'm not just playing dumb. 556 00:25:35.360 --> 00:25:36.480 Well, I was kind of playing dumb. 557 00:25:36.480 --> 00:25:38.720 But at the same time, I'm kind of leading them on. 558 00:25:38.720 --> 00:25:42.240 And they said, well, look, you're selling this product. 559 00:25:42.800 --> 00:25:43.760 I go, no, we're not. 560 00:25:45.120 --> 00:25:45.920 Yes, you are. 561 00:25:45.920 --> 00:25:46.880 Like, I've seen it. 562 00:25:46.880 --> 00:25:49.200 I know you are the manufacturers. 563 00:25:49.200 --> 00:25:50.400 I go, prove it. 564 00:25:51.200 --> 00:25:57.600 And they said, well, it's, well, all right. 565 00:25:57.600 --> 00:25:58.640 Here's the product. 566 00:25:58.640 --> 00:25:59.760 And you're selling it there. 567 00:25:59.760 --> 00:26:00.720 I've seen it. 568 00:26:00.720 --> 00:26:02.240 And I know you're making the money from it. 569 00:26:02.240 --> 00:26:05.360 And I go, OK, who sells the product? 570 00:26:06.640 --> 00:26:10.640 And their response was, well, it's such and such GMBH. 571 00:26:10.640 --> 00:26:13.440 I go, exactly, GMBH. 572 00:26:13.440 --> 00:26:13.920 That's right. 573 00:26:13.920 --> 00:26:14.400 Remember that. 574 00:26:14.400 --> 00:26:15.760 Do you know what GMBH stands for? 575 00:26:16.320 --> 00:26:17.920 Do you know why it's a GMBH? 576 00:26:18.480 --> 00:26:21.200 Because you can't touch this big corporation. 577 00:26:21.200 --> 00:26:21.920 That's why. 578 00:26:21.920 --> 00:26:24.800 So if you want to go after the GMBH, go after it all day long. 579 00:26:24.800 --> 00:26:25.360 That's fine. 580 00:26:25.360 --> 00:26:28.240 You're going to probably get maybe $2 million max. 581 00:26:28.240 --> 00:26:30.160 But you're not touching the billions of dollars. 582 00:26:31.440 --> 00:26:32.800 You're never getting to it. 583 00:26:32.800 --> 00:26:33.760 You're never getting to it. 584 00:26:33.760 --> 00:26:34.400 So what happened? 585 00:26:34.400 --> 00:26:35.360 Case settled. 586 00:26:35.360 --> 00:26:36.240 They dropped the case. 587 00:26:37.040 --> 00:26:37.360 Why? 588 00:26:37.360 --> 00:26:39.680 Because of the way that we structured the IP. 589 00:26:40.640 --> 00:26:41.360 All right. 590 00:26:41.360 --> 00:26:45.440 And because of the entity that was selling the actual product. 591 00:26:45.440 --> 00:26:48.880 So for this reason, as you're growing, as you're starting to 592 00:26:48.880 --> 00:26:52.160 establish these larger corporations and you have holding companies and 593 00:26:52.160 --> 00:26:54.640 subsidiaries, use strategy. 594 00:26:54.640 --> 00:26:56.000 Who's holding the IP? 595 00:26:56.000 --> 00:26:57.680 Who's actually selling the product? 596 00:26:57.680 --> 00:26:59.520 Don't have the mothership sell the product. 597 00:26:59.520 --> 00:27:01.520 If really, it should be sold by the subsidiary. 598 00:27:02.320 --> 00:27:06.320 Because you can set up these like little holding companies and make 599 00:27:06.320 --> 00:27:08.480 it so that people can't get at your assets. 600 00:27:09.040 --> 00:27:11.920 You know, like cover your assets. 601 00:27:12.640 --> 00:27:12.880 Okay. 602 00:27:13.520 --> 00:27:14.480 Make sure you cover them. 603 00:27:14.480 --> 00:27:16.160 It's very important to cover your assets. 604 00:27:17.040 --> 00:27:20.160 There's a really funny joke, which I'm not going to say right now, 605 00:27:20.240 --> 00:27:25.840 which had to do with God sitting with Adam as Adam was naming all the animals. 606 00:27:26.640 --> 00:27:28.000 It is hilarious. 607 00:27:28.000 --> 00:27:29.280 I came up with it. 608 00:27:29.280 --> 00:27:30.720 It's really funny. 609 00:27:30.720 --> 00:27:32.400 I have to tell you all this one other time. 610 00:27:32.400 --> 00:27:34.880 Well, I'm not using up your important time here. 611 00:27:36.720 --> 00:27:37.680 I'll tell you the joke later. 612 00:27:37.680 --> 00:27:38.400 So, all right. 613 00:27:39.040 --> 00:27:42.400 Did you get my question about if you move your business and your address changes? 614 00:27:42.400 --> 00:27:44.400 Because I did catch that on my patent that it's. 615 00:27:44.400 --> 00:27:44.560 Yeah. 616 00:27:45.280 --> 00:27:46.160 Do you switch? 617 00:27:46.800 --> 00:27:47.600 Do you update that? 618 00:27:48.320 --> 00:27:50.080 Yeah, you can actually file. 619 00:27:50.720 --> 00:27:52.960 There's a form with the USPTO website. 620 00:27:53.520 --> 00:27:57.760 You have to file that form so that it updates your records. 621 00:27:58.960 --> 00:28:02.240 And it's really actually very important to do. 622 00:28:02.240 --> 00:28:07.360 Because if there's a lawsuit associated with your patent, the federal district 623 00:28:07.360 --> 00:28:11.440 court will send a notification over to the patent holder, right? 624 00:28:11.440 --> 00:28:13.680 Because the court takes that litigation. 625 00:28:13.680 --> 00:28:15.920 They forward it to the USPTO. 626 00:28:16.000 --> 00:28:18.800 Now, your records will be flagged. 627 00:28:18.800 --> 00:28:22.560 It'll be real nice to know that there's a lawsuit that has something to do with your 628 00:28:22.560 --> 00:28:25.360 own patent that you may not know about. 629 00:28:25.360 --> 00:28:28.480 You know, the way that they reach out to you is by your address and everything. 630 00:28:29.280 --> 00:28:29.520 Yeah. 631 00:28:29.520 --> 00:28:35.120 And what happened is now licensing companies are contacting us and they're having problems 632 00:28:35.120 --> 00:28:35.520 like they're good. 633 00:28:35.520 --> 00:28:36.480 The mail is getting forwarded. 634 00:28:36.480 --> 00:28:37.680 I'm like, oh, and that's what. 635 00:28:37.680 --> 00:28:37.920 Yeah. 636 00:28:38.480 --> 00:28:40.640 And there's going to be a lot of sharks, too, that will reach out. 637 00:28:40.640 --> 00:28:42.080 That's just what they do. 638 00:28:42.080 --> 00:28:46.880 I mean, I filed my own trademarks and had no less than like 10 people reaching out to 639 00:28:46.880 --> 00:28:49.760 me going, oh, you have to foreign file by the state. 640 00:28:49.760 --> 00:28:50.400 You have to do this. 641 00:28:50.400 --> 00:28:52.400 But now I'm like, yeah, I know I'm a lawyer. 642 00:28:52.400 --> 00:28:54.720 That's why I filed the application. 643 00:28:54.720 --> 00:28:59.920 All right, John or Jennifer, is either one of your questions a follow up to what we just 644 00:28:59.920 --> 00:29:01.200 were talking about? 645 00:29:01.200 --> 00:29:01.520 Yes. 646 00:29:01.520 --> 00:29:02.320 All right, John, go ahead. 647 00:29:03.360 --> 00:29:07.920 So when you file that scenario of the intellectual property being under a separate 648 00:29:07.920 --> 00:29:14.800 subsidiary for the holding company, when you file the patent or the trademark, the 649 00:29:14.800 --> 00:29:19.200 owner of that is going to be that subsidiary slash corporation, correct? 650 00:29:19.840 --> 00:29:20.960 Yeah, depending. 651 00:29:20.960 --> 00:29:24.800 And this is why, again, I encourage all of you to speak to your lawyers and find out 652 00:29:26.400 --> 00:29:29.040 what makes sense and which entity should hold it. 653 00:29:29.040 --> 00:29:33.840 But once you actually figure that out, when you file your application, that's the entities 654 00:29:33.840 --> 00:29:36.320 that should be listed on your patent application itself. 655 00:29:36.880 --> 00:29:42.080 Don't don't list like the big entity and then say, well, what I'll do is I'll transfer it 656 00:29:42.080 --> 00:29:42.400 later. 657 00:29:42.400 --> 00:29:44.080 No, there's no need for that. 658 00:29:44.080 --> 00:29:46.960 Filed on the name of the subsidiary right from the start. 659 00:29:46.960 --> 00:29:50.000 And same for trademarks and copyright as well. 660 00:29:50.000 --> 00:29:50.400 Yeah. 661 00:29:50.400 --> 00:29:52.080 Yeah, you can do that right off the bat. 662 00:29:52.080 --> 00:29:52.240 Yeah. 663 00:29:52.240 --> 00:29:56.320 So when you file as you're filing your trademark applications, your patent applications, you 664 00:29:56.320 --> 00:29:57.280 can file it under the. 665 00:29:58.240 --> 00:29:59.920 Do you remember when we did on day? 666 00:30:00.000 --> 00:30:05.920 a two. Yeah, on day two and VIP, we walked through the listing 667 00:30:05.920 --> 00:30:09.400 the owner, right. And right underneath that, there was an 668 00:30:09.400 --> 00:30:12.880 option for the corporation and then the DBA, all that stuff. 669 00:30:12.880 --> 00:30:15.280 That's where you should be listing that who was actually 670 00:30:15.280 --> 00:30:19.320 the one who wanted. Now something that that you want to 671 00:30:19.320 --> 00:30:27.160 look out for guys is you as the creator are the technical holder 672 00:30:27.160 --> 00:30:30.640 of things. The corporation does not technically own Jack or 673 00:30:30.640 --> 00:30:34.120 Jill, you need to have some kind of assignment of all right title 674 00:30:34.120 --> 00:30:37.640 and interest to the corporation, right? So if you're gonna like 675 00:30:37.640 --> 00:30:40.800 if you're filing a patent application, and you're the one 676 00:30:40.800 --> 00:30:43.200 who came up with the idea, like Amy and Joel came up with the 677 00:30:43.200 --> 00:30:43.920 idea, right?