Not exactly sure what you're going for, but you sue based on facts as they were at a particular point in time. Transferring a patent or doing a hide the ball mo

Not exactly sure what you're going for, but you sue based on facts as they were at a particular point in time. Transferring a patent or doing a hide the ball move doesn't work so well in court, particularly federal court. Res judicata is the concept that once a party in a suit has facts determined of a particular situation in one court, that party can't then go into another court and argue the opposite.