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  1. #1

    Default What Happens if I Evade a Process Server

    Hi, from TX. A competitor of mine has a patent on a product he markets. I market a similar product, however different. He has made threats to protect his "intellectual property". I believe he is now trying to serve me. My question isn't about a patent infringement lawsuit, I'm very confident I would win if it went that far. I just don't want to spend the money to do so.

    My question is what happens if they are unable to serve me?

  2. #2
    Join Date
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    Default Re: What Happens if I Evade a Process Server

    He'll probably get permission for substituted service and, if you don't reply to the lawsuit, end up getting a default judgment.

  3. #3
    Join Date
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    Default Re: What Happens if I Evade a Process Server

    Quote Quoting SIGNSALESMAN
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    My question is what happens if they are unable to serve me?
    How many years do you have to hide?

  4. #4

    Default Re: What Happens if I Evade a Process Server

    He'll probably get permission for substituted service and, if you don't reply to the lawsuit, end up getting a default judgment.


    Mr. Knowitall:
    How much time do I have before this happens. His patent runs out in less than 22 months and he will have no premise at all for a suit. I believe they are just trying to scare me. I have nothing to lose, really. If they lose they're patent will be invalidated and all his dealers will leave.

    Thanks!

    P.S. I could "hide" for a long time.

  5. #5
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    Jan 2006
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    Default Re: What Happens if I Evade a Process Server

    Quote Quoting SIGNSALESMAN
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    P.S. I could "hide" for a long time.
    since this apparently involves the use of the product by your business, that gives the other party a lot of alternatives to serving you in many situations.


    His patent runs out in less than 22 months and he will have no premise at all for a suit
    what makes you believe that? He would be suing you for the current violation of his patent rights. He has years to file such a suit.

    I have nothing to lose, really. If they lose they're patent will be invalidated and all his dealers will leave.
    A loss does not necessarily mean the patent is invalid. It simply means he did not prove you infringed upon his patent for the claims he presented. He might have additional claims he could argue.

  6. #6

    Default Re: What Happens if I Evade a Process Server

    Thanks for all the input.

    What is a substituded service? What are the other ways I could get served? How much time do I have? What if I move to another state?

    Thanks again.

  7. #7
    Join Date
    Jan 2006
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    38,867

    Default Re: What Happens if I Evade a Process Server

    substituted service is a means of serving you without having to actually hand you the summons. Often times, publication in a local newspaper is a means of substituted service. Sometimes service is as simple as sending you a first class mailing to your last known legal address whether you get it or not. Your drivers license address is considered to be your legal address.

    As well, if you do have a business and the business is in violation of the patent rights, your company can be sued. The address of your business is a matter of record. Depending on what type of business structure you have, there are often other officers or partners that can be served as a principal of the business.

    Service will not fail unless the guy simply gives up or you close up shop and disappear.

    How much time do I have?
    for what? the plaintiff is only limited by the statute of limitations. I haven't checked but often times, a civil matter often is several years.

    Don't make the mistake that if you hide until his patent expires that you are safe. He would be suing you for what is happening now.

    What if I move to another state?
    Patent matters are federal. He simply serves you at your new residence.

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