Fequently Asked Questions
Litigation
Where can Litigation be initiated?
Litigation can generally be litigated where the defendant(s) either resides or can be found or where acts of infringement occurred. Litigation may possibly be initiated where the plaintiff resides if the defendant(s) have substantial contacts, e.g., is registered to do business or commits any acts of infringement, in the jurisdiction where the plaintiff resides.
How is litigation initiated?
Litigation is generally initiated by filing a Complaint, along with the official filing fee, with the court in the jurisdiction where the defendant(s) either resides or can be found. The Complaint is the “served” on each defendant(s) and each defendant, after being served, has a term in which to answer the Complaint and raise any affirmative defenses and allege any complusory counterclaim(s). If the defendant(s) alleges one or more complusory counterclaim(s), then the plaintiff is required to answer, within a set period for response to answer each counterclaim and raise any affirmative defenses and to such complusory counterclaim(s).