Chronology of a Federal Court Case
We are highly experienced in handling copyright litigation and trademark litigation in federal court in southern California. This includes the Central District in Los Angeles and the Southern District in San Diego. Our extensive experience in these cases has allowed us to perfect strategies that win cases quickly. As a result, we win lawsuits that other attorneys would settle or lose.
When a lawsuit is filed in these courts, the defendant must file a response within 21 days. It is imperative that you adhere to the deadlines and other requirements of the process set out by the court. Our experience in these cases is that having an attorney with a long track record of success in the specific court will dramatically increase your chance of success.
From the very outset, we telegraph strength to the other side which we think goes a long way to a positive outcome. If you choose to hire us, opposing counsel will see our extensive experience and our track record of success and they will know that they cannot take advantage of the situation. Instead, they will see that we are aggressive and experienced litigation attorneys, and they will be forced to confront the possibility of losing the case.
Settlement Negotiations
Please keep in mind that the overwhelming majority of federal lawsuits settle very quickly.
Settlement negotiations can take place at any time during litigation. Frequently, we are able to achieve a settlement prior to even having to file a pleading in a lawsuit.
At times, all it takes is the filing of a complaint or an answer for a party to agree to a settlement. In other situations, merely issuing comprehensive discovery requests motivates a party to settle. So every case is a little different.
Regardless of the situation, we think our track record of success combined with our aggressiveness motivates the other side to settle.
The following is a brief overview of the chronology of a federal court case.
Filing Pleadings
Pleadings are formal documents that a party files with a court that set out the party’s basic positions and arguments in the case. Every legal action begins with the filing of a complaint, which states the allegations of the infringement and the facts to support those allegations. Notice of the pleadings and court summons must be formally served on the defendant in accordance with the Federal Rules of Civil Procedure.
Once service is achieved, the defendant will have a certain period of time to file a response to the complaint which is usually 21 days. A typical response is an Answer to the complaint which responds to each of the facts alleged in the complaint and also sets out affirmative defenses. If the complaint is defective in some way, a Motion to Dismiss may be the most appropriate response to the complaint. If successful, the entire case can be dismissed before the case goes any further.
Whenever possible, we will also file a counterclaim against the plaintiff. This turns the tables on the plaintiff by giving them downside in the case which at times can be very effective in bringing a quick resolution.
The Discovery Period
After the pleadings are filed, typically the attorneys will confer to discuss the schedule and issues for the case. This is also an opportunity to discuss the possibility of settlement. If the matter cannot be resolved with a settlement, the litigation process will continue.
The next phase in the case is the discovery period. During this stage, both sides can gather information and evidence to build their claims and defenses. There are many different rules regarding what types of information are discoverable, the methods of discovery, the limits on discovery, and more. Discovery responses are provided under oath and can be used in the case in accordance with the Federal Rules of Evidence.
Discovery can be achieved in different ways, including:
- Interrogatories – This is a formal list of written questions to be answered by the other party. The number and scope of interrogatories are limited by the federal rules, as are the time requirements for responding to the interrogatories.
- Requests for Admission- These are simple admit or deny questions that can help prove a case.
- Document Requests – This is a formal request for the other party to provide you with certain documents, electronically stored information (ESI), or types of physical evidence that may be used in a case.
- Depositions – A deposition involves asking questions of witnesses, which they must answer under oath. Unlike witness testimony at trial, depositions happen outside the courtroom and the rules of evidence are less stringently applied. Depositions can be used to learn information from witnesses and to challenge any contradicting testimony at trial. They are also used if the witness will not be available for trial.
- Experts – Many copyright and trademark claims involve expert opinions regarding technical matters to prove that infringement occurred—such as the similarities between two trademarks or two works of authorship. Financial experts give opinions on the economic effects of the infringement.
Motions for Summary Judgment
Typically when the discovery period ends is when a party files a Motion for Summary Judgment. Such a motion can end the entire case. Other times it can end particular issues, and as such can be effective to limit the time and issues at trial.
Going to Trial
The reality is that almost all cases settle pretty early in the proceeding and it is very rare for a case to go all the way to trial. However, if a case proceeds beyond the summary judgment phase, formal trial preparations will begin. This will include filing pretrial motions with the court and hearings to argue pretrial matters. If your case proceeds to trial, the following may occur:
- Jury selection
- Opening statements
- Presentation of evidence and witnesses by the plaintiff, including cross-examination
- Presentation of evidence and witnesses by the defendant, including cross-examination
- Closing arguments
- Instructions to the jury by the court
- Jury deliberation and delivery of the verdict
Mandour & Associates – Contact Us
At Mandour & Associates, our intellectual property attorneys have extensive experience handling trademark and copyright lawsuits in Southern California federal court. We have perfected strategies that help our clients win cases. If you have any questions, please contact us today.
