Legal Question in Intellectual Property in California

Breached Contract

I'm an inventor who allowed my patented technology to be used in return for monetary compensation.

The contract was entered August of 2004 and there is about $500,000.00 unpaid. What is the statute of limitation for filing a law suit to collect?


Asked on 5/14/08, 6:16 pm

5 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Breached Contract

Generally, it's four years on a written contract. There are exceptions. You should always act as quickly as possible before the adverse party goes bankrupt, witnesses forget, etc.

I would be pleased to handle this matter for you in the appropriate state or federal court for a reasonable fixed or contingent fee. Let me know if there is any way in which I can be of assistance.

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Answered on 5/14/08, 6:42 pm

Re: Breached Contract

Generally, the statute of limitations on a breach of contract action is four years from the date of the breach. This means that the time begins to run on the date that payment as due but unpaid.

Considering the amount at stake you should consult with an attorney as soon as possible to discuss your options.

Let me know if you want to discuss. I handle cases in Orange County.

DISCLAIMER

This reply constitutes legal information for education purposes and does NOT constitute legal advice nor establish an attorney-client relationship. We will only represent you based on a written retainer agreement. Therefore, you should contact this office to discuss representation if you do want legal advice/representation.

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Answered on 5/14/08, 6:43 pm
Cathy Cowin Law Offices of Cathy Cowin

Re: Breached Contract

As previously stated by other attorneys responding, the general statute of limitation on breach of contracts is two years (oral contracts) or four years (written contracts). If there were installments, this may mean that you are past the date for a portion, but not necessarily all of the money due. Further, if there were interim promises of payment, this could be considered. The bottom line is that you are in grave danger of losing legal rights and, particularly given the amount of money at issue, should speak to an attorney immediately to analyze your particular situation.

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Answered on 5/14/08, 7:54 pm
Joshua Hale Hale Law Group

Re: Breached Contract

The previous time limitations are generally correct. Moreover, since you hold a patent, you may be able to request special penalties (more money) assessed as against the person now using your patents without your permission. I handle matters like these regularly and would be happy to discuss this further with you. I specialized in Intellectual Property in law school, and know my way around the system. Please let me know how I can be of help.

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Answered on 5/15/08, 12:22 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Breached Contract

4 years from breach. Contact me directly.

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Answered on 5/15/08, 12:26 am


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