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?
5 Answers from Attorneys
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.
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.
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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.
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.
Re: Breached Contract
4 years from breach. Contact me directly.