AboutAaron Overbeek Expertise I am a Six Sigma Master Black Belt and Lean Champion. My expertise ranges from tacticle (local) implementation to strategic (global) implementation of Lean Six Sigma. Also knowledgable in Best Manufacturing Practices, Quality, Supply Chain, Engineering, and EH&S. I am not a consultant and do not mind follow up questions.
Experience Bachelors of Science in Manufacturing Engineering from the University of Michigan. Lean Champion and Six Sigma Master Black Belt. Member of the American Society of Safety Engineers, Society of Manufacturing Engineers, and ISO audetation.
Director of Operational Excellence and Strategic Sourcing for multi-billion dollar corporation.
Question My wife and I met with a $100 Million dollar manufacturing company in 2003 to discuss licensing a product for the professional beauty industry that she patented and marketed to the professional salon industry beginning in 1998. We signed a NDA with the company and after a few months they decided not to license the product idea. We provided them with product samples, market research and creative ideas, etc. The NDA had no expiration date and is very solid. Long story short, the company ended up manufacturing almost exactly the same product we presented to them and used the same name for the product minus 1 letter in the product name. The product is just beginning to be sold by their distributors both in retail and online right now. I have contacted a patent infringement attorney but I was wondering if we have cause to legally go after this company for violating the NDA on those grounds alone. We have since let her existing patent expire but can get it back by paying a hefty fee. Any advice would be much appreciated. Thank You.
Answer It sounds like the corpation you delt with is performing a NDA contract violation. But without seeing the contract, the patent terms, and the dates of when the patent expired and the corporation in question's NPI date I cannot say if there was a contract breech. If a patent expires before a company releases it's intent to release the NPI, or New Product Introduction, then the information given to the company does not belong to anyone. There may be something that you could take legal action on but an attorney familiar with copywrites and patents would be better to advise you than I would. Next time have an attourney work with you during contract negotiations. It will be a substancial upfront cost, but a good return on investment in the long run.
If you could provide me with some more information on the dates that I spoke about before I could provide a more accurate answer that could steer you future decissions on this matter. I hope everything works out for you and your wife. Take care and feel free to ask a follow up question.
