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Tag Archives: U.S. District Court – Western District

No ‘Competitive Injury’ in False Marking Suit (access required)

A Roanoke U.S. District Court awards defendant summary judgment on plaintiff’s claim under the federal false patent marking statute, 35 U.S.C. § 292, because plaintiffs, as potential competitors,”  have produced insufficient evidence of a “competitive injury,” which is required to ...

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Defendant Gets Costs, But No Lawyer Fees (access required)

After awarding summary judgment to defendant in plaintiff’s suit for federal trade dress infringement and unfair competition under the Lanham Act, a Roanoke U.S. District Court accepts a magistrate judge’s recommendation and awards defendant cost of $14,551.79, but denies an ...

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Court Denies Bias Plaintiff’s Motion to Compel (access required)

An Abingdon U.S. District Court Magistrate Judge denies plaintiff’s motion to compel discovery responses for detailed information on 11 identified employees of defendant, and orders plaintiff to respond to defendant’s motion for summary judgment. Defendant contends the 11 individuals named ...

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