Robert Z. Cashman

Robert Z. Cashman provides nationwide legal representation for patent litigation matters on a contingency fee basis. He is licensed to practice law in Texas, in New York, and before the US Patent & Trademark Office. Robert is the owner of the Cashman Law Firm, PLLC which helps individuals and small businesses create their business, establish and protect their inventions, and preserve their assets against foreclosure and if necessary, bankruptcy.

Since 2010, Robert has focused his practice on defending accused bittorrent downloaders in copyright infringement lawsuits filed in federal courts across the US. Most recently, cases represented by the Cashman Law Firm, PLLC include Venice PI LLC, Headhunter LLC, Bodyguard Productions Inc., Strike 3 Holdings LLC, Malibu Media LLC, Badhouse Studios LLC, UN4 Productions Inc, ME2 Productions Inc., and POW Nevada LLC. Lastly, Robert also represents accused downloaders who receive DMCA settlement notices from their ISPs from companies such as Rightscorp, and Rightsenforcement.

Robert is the author of the TorrentLawyer blog where he delves into legal issues relating to copyright trolls, copyright infringement lawsuits, bittorrent lawsuits, and other topics. While Robert's roots are in the New York federal courts, he runs his Cashman Law Firm, PLLC from his office in Houston, Texas.

• Patent Litigation
• Licensing

• Free Consultation
  We give free phone consultations for individuals who receive notices (including ISP subpoenas, summons, and DMCA notices) from their ISP informing them that they have been implicated as a John Doe Defendant in a copyright infringement lawsuit.
• Credit Cards Accepted
  Visa, MasterCard, American Express
• Rates, Retainers and Additional Information
  Flat fees provided based on an hourly estimate of the time required for each project (based on past experiences). Projects involve: Representation in a bittorrent lawsuit without a settlement, out of court settlements, and resolution of copyright infringement claims. Hourly fees with a retainer are provided when litigating a case, conducting discovery, or other projects.

New York

Since 2007

Texas

Since 2010

US Patent & Trademark Office

Since 2007

US District Court for the Southern District of Texas

Since 2010

Owner / Attorney

Cashman Law Firm, PLLC

2010 - Current

IP Attorney - Asset Acquisition / Licensing / Patent Prosecution

Technology, Patents, & Licensing, Inc.

2008 - 2009

Patent Attorney - PCT / Prior Art Analysis

Cardinal Law Group

2007 - 2008

Law Intern

Scully, Scott, Murphy & Presser

2005 - 2005

Touro College

J.D. (2006) | Law

2003 - 2006

Honors: CALI Award for Academic Excellence in Computer Law, Spring 2005; CALI Award in Legal Philosophy, Fall 2004

Activities: Jewish Law Report, Research Assistant; Jewish Law Students Association, Religious Chair; Phi Alpha Delta Law Fraternity

State University of New York - Binghamton

B.A. | Philosophy

1996 - 1998

Honors: Dean's List

Texas Bar

Attorney

2010 - Current

U.S. District Court for the Southern District of Texas

Attorney

2010 - Current

New York State Bar  # 4457958

Attorney

2007 - Current

US Patent & Trademark Office (USPTO)

Patent Attorney

2007 - Current

Strike 3 Holdings Lawsuits: John Doe Subpoena Walkthrough

Robert Z. Cashman, Esq.

July 19, 2024

ISP SUBPOENA NOTIFICATION RECEIVED FOR DOWNLOADING MOVIES.

Robert Z. Cashman

June 28, 2023

Federal Court Judges & ISPs are Gatekeepers who can Stop Strike 3 Holdings Lawsuits.

Robert Z. Cashman

June 21, 2023

Strike 3 Holdings Settlement Costs Explained

Robert Z. Cashman, Esq.

May 17, 2023

Understanding ISP Subpoena Notification Letters

Robert Z. Cashman, Esq.

March 11, 2020

Patent Attorney, Reg. No. 60,246

US Patent & Trademark Office

Q. cN you help me with ownership of patent of my grandfathers inventions please

July 19, 2024

A: Thank you for asking this question. I understand that you are trying to determine the ownership and status of patents that might have been awarded to your grandfather's inventions.

To do this, I would start with the USPTO Patent Database. You can visit patents.google.com or uspto.gov/patents/search. You can search using your grandfather's name, invention details, or known patent numbers.

Then, check the assignment records to determine if the patents were transferred or sold. The assignment database can be found at assignment.uspto.gov/patent/index.html#/patent/search

I would also consider looking into your own family's personal documents -- for example, old correspondence, or legal papers -- these might reveal information about who owned what, or whether anything was transferred to someone else.

You can also hire a patent attorney to do all of these steps (although why pay someone a lot of money for what you can do on your own?). A patent attorney can do all of these steps and more, but in addition, they are also able to interpret complex legal documents (something you might not be able to do on your own).

If your grandfather worked for a company, you can reach out to their legal department -- they may have records of employee inventions and patent assignments.

Another thing to think about -- even if he has a patent, patents expire after a certain period (typically 20 years from filing). Once they expire, they enter the public domain, which means that there are no longer patent protections for that invention.

But then again, you might just be asking not to get ownership or use of the patent -- it might just be nice to know what your grandfather invented so that you can share this wonderful piece of family history with your children and their children. ... Read More

Q. Im writing a patent where i found a new use for an already exisitng technology incorporated in a new product.

July 19, 2024

A: Thanks for reaching out. I hope this helps.

Your situation involves a potentially patentable new use for an existing technology, and this is distinct from the concept of patent exhaustion.

I'll do a quick deep dive into this (remember, these are just thoughts, and this is not legal advice and I am not your attorney):

1. You can and should discuss the existing technology in your patent application, particularly in the background section. This helps establish the context and novelty of your invention.

2. It doesn't look to me that patent exhaustion would apply here. "Patent exhaustion" refers to the concept that a patent holder's rights would become "exhausted" once they sell a patented product. Your question suggests that you have created a new invention using existing technology, not that you would be reselling patented products.

3. Your patent would be for a new use or application, which can be patentable (even if your idea incorporates existing technology). This is known as a "new use" patent.

4. Purchasing and using existing technology in your new product does not infringe on the original patent, as long as you're not reproducing the patented technology itself without the permission of the patent holder.

Consider conducting a search through prior art to ensure that your new use is indeed novel and non-obvious.

For more detailed information, consult the USPTO's Manual of Patent Examining Procedure (MPEP), particularly sections 2112.02 and 2145, which discuss process claims and new uses for known products. Additionally, I would contact a patent attorney who can help you figure out the details of how to proceed with your particular circumstances. ... Read More

Q. my lawyer put my name wrong in the documents she filed and had bad communication is this malpractice

July 18, 2024

A: I'm sorry to hear about the issues you're having with your lawyer! While it's concerning that your name was misspelled in the documents and there were communication problems, a single mistake or disagreement doesn't necessarily constitute legal malpractice.

Malpractice is a complex legal concept that requires the lawyer to have acted negligently and for that negligence to have caused actual harm to the client.

Some key factors to consider:

- Was the misspelling of your name a simple typo that didn't impact the substance of the filing? Or did it cause confusion or problems with the court or other parties?

- Did you attempt to communicate and clarify your requests, even if the lawyer ultimately disagreed and acted against your wishes? Lawyers do have an ethical duty to zealously represent their clients, but they may also exercise their own professional judgment.

- Did the lack of evidence prejudice your case or cause you to lose the lawsuit? It's not malpractice if the lawyer made a reasonable strategic decision about what evidence to present.

Without knowing more specifics, it's hard to say definitively if malpractice occurred. I would suggest having an honest conversation with your lawyer about your concerns. If you still feel the representation was deficient, you could consult with another attorney for a second opinion on whether you have grounds for a malpractice claim.

The American Bar Association has some helpful resources on legal malpractice that provide more details on the elements required to prove it -- you can look this up online. I hope this helps provide some guidance. ... Read More