In a recent decision out of the District of Connecticut, defendants MacBeth Collection, L.L.C, its affiliates, and owner found themselves in hot water when Judge Merriam determined they violated a permanent injunction barring...more
12/24/2018
/ Attorney's Fees ,
Damages ,
Failure To Pay ,
Liquidated Damages ,
Logos ,
Misappropriation ,
Modification ,
Preponderance of the Evidence ,
Settlement Agreements ,
Trademark Infringement ,
Trademarks
After a lengthy and circuitous patent proceeding between plaintiff O.F. Mossberg & Sons (“Mossberg”) and defendants Timney Triggers, LLC and its related manufacturing entity (collectively, “Timney”), which ultimately resulted...more
10/30/2018
/ Attorney's Fees ,
Bad Faith ,
Exceptional Case ,
Inter Partes Reexamination ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
Real Party in Interest ,
USPTO ,
Voluntary Dismissals
In a dramatic conclusion to the nearly seven year old patent litigation between Datatern and Microstrategy (including a number of Microstrategy’s customers), Judge Saylor in the District of Massachusetts recently awarded...more
6/22/2018
/ Attorney's Fees ,
Claim Construction ,
Dismissal With Prejudice ,
Dispositive Motions ,
Exceptional Case ,
Failure to Prosecute ,
Mistake ,
Motion to Withdraw ,
Non-Payment Clauses ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Software Patents
The Institute of Electrical and Electronics Engineers, Inc. (“IEEE”) is the well-known engineering standards organization often cited in patent litigations to inform issues ranging from claim construction to the state of the...more
In a recent decision from the District of Connecticut, Judge Meyer awarded attorneys’ fees against a plaintiff who the court found brought an “objectively unreasonable” copyright infringement claim based on an unpublished...more
In the long-standing patent dispute between Sophos and RPost, Judge Casper recently issued the oft-sought but rarely received award of attorneys’ fees, after finding that the case was “exceptional.”
The suit began in 2013,...more
2/21/2018
/ Attorney's Fees ,
Discovery ,
Discovery Disputes ,
Exceptional Case ,
Patent Invalidity ,
Patent Litigation ,
Patents ,
Prior Art ,
Rule 30(b)(6) ,
Software Patents ,
Summary Judgment
It started with Vermont in 2013. Since then, over half the states have enacted legislation aimed at curbing patent infringement suits from non-practicing entities. Now, the band may add another member: Massachusetts....more
7/14/2016
/ Attorney's Fees ,
Bad Faith ,
Demand Letter ,
Non-Practicing Entities ,
Patent Infringement ,
Patent Litigation ,
Patent Reform ,
Patents ,
Pending Legislation ,
State Law Claims ,
Treble Damages