Legal Question in Intellectual Property in Indiana

I filed a complaint against someone. He responded through an attorney, who asked the case be dismissed or that I should make a more definitive statement. He also asked that the material in dispute contains trade secrets and should be sealed (ie that the defendant provide the exhibits in a sealed manner). His grounds for asking for a dismissal are total lies and a fabrication, and I can easily rebut them.

My questions:

1. Do I wait for the judge to ask me for a response or I can go ahead and submit a more definitive statement as well as rebuttal?

2. If an exhibit is sealed will I still be able to have access to it? The content of the material is crucial to my case. If I don't have access there is absolutely no way to prove that my work was infringed upon.

3. If I won't have access to a sealed exhibit how can I stop the defendant from filing it sealed? Thank you.


Asked on 8/16/09, 10:03 pm

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

Caveat: this may be governed by Indiana law, even if filed in federal court. The following is general advice only and under federal law/rules of civil procedure.

If you don't have an attorney, it is quite possible that your Complaint is improper. It is also quite possible that you have not stated a claim upon which relief can be granted. 12(b)(6) motion coming at ya??

1. No, you do not wait for the judge to respond. You are in charge of your case, and you need to make sure your Complaint is proper. If you believe it is, and the opposing party refuses to respond, you will have to schedule a hearing on the matter and move to compel an answer.

2. You subpoena the evidence during the discovery period.

3. Question doesn't make any sense.

You need a lawyer. Seriously, wake-up and hire a lawyer. You allege your work is being infringed upon, you are filing a lawsuit, and you haven't retained an attorney?? There is only a god or prayers that can help you. Please, oh please, hire an attorney who knows what they are doing to help you. As an inventor, the law is on your side, but if you don't know how to use the law, it is useless.

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Answered on 8/16/09, 10:48 pm


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