Legal Definitions - anticipatory filing

Anticipatory filing is when someone files a lawsuit or regulatory action against another person or company because they expect that the other party is going to take legal action against them. This type of filing can help determine things like where the case will be heard and what laws will apply.

For example, let's say that Company A and Company B are in a dispute over a patent. Company A believes that Company B is going to file a lawsuit against them, so they file a lawsuit first. This is an anticipatory filing because Company A is anticipating that Company B will take legal action against them.

Another example could be if a person is involved in a car accident and they believe that the other driver is going to sue them for damages. The person might file a lawsuit first to try to get ahead of the other driver's lawsuit. This is also an anticipatory filing.

These examples illustrate how anticipatory filing works. It's a way for someone to try to gain an advantage in a legal dispute by being the first to file a lawsuit or regulatory action.