Legal Question in Intellectual Property in California

What can be done regarding a lawsuit angainst me and my company that during the lawsuit, I seemed to be the only one that noticed the plaintiff submitted two separate depositions, at two different times, with two different sets of answers...We lost the case and have to pay $72,000, but I want to go back with a different legal team and countersue the guy who apparently lied...under oath...what are my chances?


Asked on 7/12/11, 6:44 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Your Zip code is for a suburb of Birmingham, Alabama, and you ask the question as a California "intellectual property" matter. My first question to you will be, in what court was the case tried? Suits over intellectual property involving an Alabama party and a California party very often would be in Federal Court.

My next question is whether the perhaps-lying deponent was a party or a nonparty to the case you lost. If the person were a party, I'm inclined to think you cannot bring an additional lawsuit to "countersue" at this point; your only legal recourse is to appeal, and this must be done within strict time limits. So, it becomes a question, when was the judgment rendered and served?

If the person were a nonparty, you may have a civil cause of action.

As a defendant, you should have attended the deposition or depositions and participated. Did you? By the way, deponents do not "submit" depositions; depositions are taken (usually) orally before a court reporter with all parties, and/or their attorneys, in attendance, and all would have the right to examine the deponent on the record.

Were you represented by counsel?

Finally, as time slips away post-judgment, your opportunities to contest the result are rapidly disappearing. I recommend that you retain experienced counsel immediately to see what can be done to bail you out, if it is still at all possible. Otherwise, your best strategy is to figure out how you and your company can pay the $72K with minimum harm, including the high (10%) post-judgment interest.

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Answered on 7/12/11, 7:03 pm


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