1: Before the patent comes down, you can sue him, but it is only a civil dispute. You may not win the lawsuit without evidence. After the patent comes down, you sue him, which is a patent infringement case. He will pay you a huge compensation. What you need to do now is to take the patent down before he applies for a patent.
2: Your case is a trade secret. For details, you can refer to our country's laws in this respect, or ask a professional lawyer to make a statement in person, and the result will be more accurate.