News & Analysis as of

Declaratory Judgments Cease and Desist

BakerHostetler

Patent Declaratory Judgment Jurisdiction: Are Patentees Communicating Too Much?

BakerHostetler on

Historically, patentees needed not worry too much about whether their mere pre-suit communications sent from afar into a jurisdiction created personal jurisdiction for a declaratory judgment action. See e.g., Silent Drive,...more

Procopio, Cory, Hargreaves & Savitch LLP

The Latest from the Federal Courts: More Uncertainty Regarding Willful Infringement and Enhanced Damages

District courts continue to issue thought-provoking decisions relating to enhanced damages in patent cases. Recently William Alsup of the Northern District of California weighed in on several issues. The focus of Judge...more

Mintz - Intellectual Property Viewpoints

Judge Alsup Certifies Two Hot Button Issues on Standard for Pleading Willful Infringement for Interlocutory Appeal to the CAFC

On March 16, 2022, U.S. District Judge William Alsup of the Northern District of California certified two of the hot button issues splitting district courts on the standard for pleading willful infringement (see order),...more

Jaburg Wilk

What Are My Legal Options if My Business Has Been Defamed?

Jaburg Wilk on

Social media is causing defamation claims to become more common. There are several areas for consideration if you feel your business has been defamed. First, what is defamation? Expressing an opinion is not defamation. For...more

Dorsey & Whitney LLP

The Application of the First-to-File Rule Where Fruit is the First Ingredient

Dorsey & Whitney LLP on

In a dispute between two fruit product manufacturers concerning whether the phrase “Fruit is Our 1st Ingredient” is protectable as a trademark the parties initially litigated the application of the “first-to-file” rule where...more

McDermott Will & Emery

Ninth Circuit Preserves LinkedIn Competitor’s Data-Scraping Rights

McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit affirmed a preliminary injunction forbidding professional networking platform LinkedIn from denying data analytics company hiQ access to publicly available LinkedIn profiles. HiQ...more

McDermott Will & Emery

In the Pink: Lack of Personal Jurisdiction Results in Dismissal of Non-Infringement Verdict

McDermott Will & Emery on

Addressing personal jurisdiction in a declaratory judgment action, the US Court of Appeals for the 10th Circuit reversed the district court’s bench trial verdict, finding that the district court lacked specific personal...more

Knobbe Martens

Skechers and Eliya Fight Over Shoe Design Patents Again

Knobbe Martens on

Eliya Inc., known for its BERNIE MEV® shoes, filed a declaratory judgment action against Skechers on January 29, 2019 in the U.S. District Court for the Southern District of New York. Skechers had sent a cease and desist...more

McDermott Will & Emery

Patent Owner Must Be Subject to Personal Jurisdiction for Declaratory Judgment

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit agreed with a district court that it lacked personal jurisdiction over a patent owner/declaratory judgment defendant where the defendant’s only contacts with the forum were the...more

Dorsey & Whitney LLP

Thinking of Sending a Cease and Desist Letter? Judge Rakoff Has Some Advice About the Declaratory Judgment Risk

Dorsey & Whitney LLP on

A recent decision in federal court in New York serves both as a cautionary tale to companies looking to defend their trademarks and an important reminder to any company about to launch a new product under threat of an...more

Proskauer - New England IP Blog

Foreign Corporations and the Long Arm of the Law

Can foreign corporations avoid the long arm of the law? A recent order in a Massachusetts declaratory judgment patent case suggests that the answer may be, “sometimes.” The case began when Venmill Industries, Inc. filed a...more

Knobbe Martens

Draeger Medical Systems Files For Declaratory Judgment Against My Health

Knobbe Martens on

On March 19, 2015, Draeger Medical Systems, Inc. (“Draeger”) filed a Declaratory Judgment action against My Health, Inc. (“My Health”). The complaint alleges that My Health sent a cease and desist letter to Draeger that...more

Pullman & Comley, LLC

CT Law of the Land

Pullman & Comley, LLC on

AC35464 - Yorgensen v. Chapdelaine - In this new Appellate Court decision, the plaintiff was issued a building permit to construct a barn, but town officials thereafter also observed grading adjacent to the wetlands...more

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