Legal Question in Intellectual Property in California

As a pro se to waive filing fees, I filed a civil complaint as an individual in the Superior Court for breach of contract and misuse of intellectual property against an S&P 500 company, defense council responded and moved my complaint into The U.S. Court Southern District of California, where the the docket number is 11-CV-00424. The name of the defendant is Snap-on Incorporated and the corporation I 100% own, Novel Wares, Inc., a California sub C corporation, is the plaintiff because I filed a FRCP 17 joinder. I have responded to defense�s demurrer to dismiss for failure to state a claim with an opposition, memorandum of points and authorities, first amended complaint and a motion for judgment on the pleadings. Since I have done all the paperwork to date for the said case, how hard might it be to retain council to hold my hand and do just the oral argument portion on my behalf?


Asked on 3/30/11, 10:11 am

2 Answers from Attorneys

Patrick Tracy Patrick J. Tracy, Esq, P.E.,

The question I see is whether you filed an adequate response to any or all of these motions and the like. To have any success whatsoever in matters such as these, you need representation. These can be relatively complicated cases, doing these pro se usually leads to losing the case. Contact a reputable patent attorney in your area to assist you with the case.

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Answered on 3/30/11, 10:23 am

Not difficult to retain an attorney. However, understand that it is likely that an attorney may not agree that you have filed everything appropriately. Also, judgment on pleadings rarely granted.

Also attorney will likely want to review entire file and make determination as to whether your ideas for recovery are consistent with current law.

Cases like this which are contested are frequently very expensive.

Let me know if you would like to discuss this with me.

J. Caleb Donner

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Answered on 3/30/11, 10:54 am


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