Judge Connolly of the Delaware District Court, which handled about 20% of all patent cases in 2020, recently ruled that a complaint for indirect infringement or enhanced damages fails to state a claim when the “defendant's alleged knowledge of the asserted patents is based solely on the content of that complaint or a prior version of the complaint filed in the same lawsuit.”
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Complaint Itself Cannot Meet Knowledge Requirement For Indirect & Willfulness Claims, Says Delaware District Court Posted on: March 29, 2021 In: Intellectual Property & Technology
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Smooth Sailing for States to Infringe Copyrights Posted on: April 02, 2020 In: Intellectual Property & Technology
The U.S. Supreme Court recently ruled 9-0 that a 1990 law intended to provide a means of redress against States that commit copyright infringement is unconstitutional as written, and that sovereign immunity shields States from being held liable for copyright infringement. Though most copyright owners do not have to worry about States infringing their works, the facts of the case offer an important insight that all owners of any IP should note.
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An Overview of U.S. Design Rights – Infringement & Enforcement, Part 2 of 2 Posted on: December 19, 2019 In: Intellectual Property & Technology
In our previous post, we identified the types of design rights infringement that are actionable. In this part, we will cover the different types of remedies available to rights owners and defenses available to accused infringers.
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An Overview of U.S. Design Rights – Infringement & Enforcement, Part 1 of 2 Posted on: December 17, 2019 In: Intellectual Property & Technology
This two-part blog series provides a primer on the different types of design rights in the United States and their enforcement. Part I will review the various types of infringement, and Part II will address remedies available to rights owners and defenses available to accused infringers. These posts are based on a paper and presentation delivered at the AIPLA’s Design Rights Boot Camp Conference in August 2019.
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I Can’t Get Sued for Posting a Picture of Myself on Social Media… Can I? Posted on: October 17, 2019 In: Intellectual Property & Technology
The rise of social media has presented the courts with a seemingly never ending slew of counterintuitive, but probably valid claims. For example, the pop star Justin Bieber recently posted an image on his social media of himself and a friend in the backseat of a car. The photo, of course, was taken by a paparazzo undoubtedly lying in wait for just the right opportunity to snap the angst-ridden star. The photographer has now filed suit for copyright infringement against Mr. Bieber.
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Claims with Precise Numerical Values - A Cautionary Tale Posted on: June 06, 2019 In: Intellectual Property & Technology
On March 31, 2019, the Federal Circuit Court of Appeals in Cobalt Boats, LLC v. Brunswick Corporation reversed a finding of infringement and vacated a $7.9 million award (inclusive of $2.5 million in attorneys’ fees) previously granted by the Eastern District of Virginia. Cobalt accused Brunswick of infringing their U.S. Patent No. 8,375,880 (the ‘880 patent) directed to a Retractable Step for Boat Swim Platform, issued February 19, 2013.
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Federal Circuit Warns Patent Holders to Reconsider Cease and Desist Letters Posted on: December 11, 2018 In: Intellectual Property & Technology
Sending a cease and desist letter to a patent infringer should never be taken lightly. In particular, patent-related demand letters can have a profound impact on both substantive and procedural strategic decisions. In its recent decision in Jack Henry & Associated et al v. Plano Encryption Technologies, LLC, the Federal Circuit determined that the mere sending of a cease and desist letter could force the sender to litigate the issues outlined in the letter in the home court of the accused infringer.
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