The procedures for filing a technology lawsuit vary from one jurisdiction to the next. As is the case with any lawsuit, each jurisdiction sets forth particular rules and laws that govern the lawsuit process. Generally, you commence a technology lawsuit by filing a complaint in the appropriate court in the correct jurisdiction. You must serve a copy of your complaint on the other party or parties according to the legal service rules for your jurisdiction. The other side to the lawsuit then has the opportunity to respond to your complaint.
Additional procedural rules outline the exchange of evidence between the two sides to the lawsuit, called the discovery process. The parties will have substantial time in which to complete their discovery, and parties generally cannot withhold evidence from one another. This exchange of evidence helps ensure that each party is on equal footing in the lawsuit and endeavors to make the litigation a fair process.
A technology lawsuit can last for several months or years. In addition to the discovery process, the parties can negotiate or undergo mediation in an attempt to reach a settlement of the legal matter. If the parties are unable to reach a full or partial settlement of the dispute, the matter proceeds to trial before a judge or jury, depending on the nature of the lawsuit. Following a trial, either the judge or jury makes a determination as to the outcome of the lawsuit. If either party disagrees with the decision, then he or she has the right to appeal the decision to a higher court.
Several different issues may arise in the context of a technology lawsuit. A common technology lawsuit involves claims of patent infringement, which means that one party has wrongfully used technology for which another party owns a patent. Patent lawsuits fall within the category of intellectual property law. These types of technology lawsuits are complex, and lawyers who specialize in intellectual property law typically handle these lawsuits.
Another type of technology lawsuit involves claims by consumers that they suffered harm due to some technological device, such as a computer or other type of gadget. This sort of claim often results in a technology class action lawsuit where multiple claimants join to seek relief, usually from a large corporation or technology company. In technology class action lawsuits, if the claimants are successful and there are widespread injuries from the product, the company may be liable for a judgment worth millions of dollars.