Legal Question in Intellectual Property in California

Re: Motion for Dismissal

I start out by assuming you are the defendant, or if you are the plaintiff, the defendant is seeking dismissal on one or more of these grounds.

I think you are confusing two concepts. The things you mention are defenses, not grounds for dismissal.

Indeed, if the facts are not disputed (unlikely), one or more of these things might support a motion for summary judgment. However, summary judgment also is not dismissal.

For example, if you can establish fraud in trial, that is a defense that would likely allow you to win and get a judgment in your favor, but the court is not going to dismiss a complaint without trial merely on a party's alleging that it has a defense! That's why we have trials.

Re: Motion for Dismissal

Grounds for dismissal are:

1)statutes of fraud,

2)statutes of limitations,

3)failure to add necessary party,

4)improper verification,

5)improper service,

6)lack of jurisdiction,

7)improper venue

Like the previous attorney, I am going to assume that you are the defendant. In Pennsylvania, in lieu of filing an answer, you can file preliminary objections citing one of those grounds. Those grounds allow a judge to dismiss the case before any additional steps are taken.

What you have stated in your question, are technically counter-claims. It's separate lawsuit where you become the plaintiff and you are suing the other party for those actions. The two lawsuits will proceed at the same time, and be heard by the same judge or jury.

If you are being sued over intellectual property, you should see an attorney before going to court. These types of cases are pretty serious and can get expensive quickly. Talk with your attorney to develop a strategy to resolve this matter quickly. Good luck.

Sharmil McKee,

Business Attorney in

Philadelphia, Pennsylvania

www.mckeeoffice.com