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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10238
Experience:  Civil litigation attorney for individuals and businesses.
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A defendant without legal counsel responded to my pro per

Customer Question

A defendant without legal counsel responded to my pro per complaint filed in the District Court Southern District of California for patent infringement. Based on discovery that I found in the defendant’s response, I want to plead withdraw of my patent infringement claim and move for unfair competition sanctions under the Lanhan Act [15 USC § 1125(a)]. For occurrence of a wrongful event under the Lanhan Act, what is the maximum amount of time after the wrongful event that the federal civil time limit statute will allow me to plead the said event for relief?
Submitted: 11 months ago.
Category: Legal
Expert:  CalAttorney2 replied 11 months ago.

Dear Customer,

Be careful here - what you appear to be wanting to do is to file an "Amended Complaint" - you are using the language of "withdrawing your claim" - which may be deemed a dismissal, and cause you to lose valuable advantage (if your claim is time sensitive, you want to "tack" your new claim back to the date of your original filing - you don't want to start over with a new complaint. In addition, you would have to start over with a new complaint, a new filing fee, a new service/proof of service/etc.

Regarding the statute of limitations for a Lanham Act Claim, while the Federal Act does not have an inherent statute of limitations, Federal Courts apply state statutes of limitations (or the doctrine of "latches") to these claims. In California, Courts have applied the 3 year statute of limitations for fraud to these claims. You would be wise to use this as your guide in making initial strategic determinations.

If you are litigating a federal civil suit on your own, make use of the local law library - look specifically for a set of books called "practice guides" - one in particular "Rutter Guide - Federal Civil Procedure" is excellent - these are handbooks that lawyers use to assist them with strategy, civil procedure, and often they will have templates that you can use.

You will need to make a motion to the court to file your amended pleading, and I would recommend much more research before doing so - this is a critical step in your litigaiton.