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Tag Archives: Intellectual Property

‘Customer suit’ exception dooms patent action (access required)

Where the Ashburn Volunteer Fire and Rescue Department, or AVFRD, was sued for patent infringement after it purchased an allegedly infringing product, the suit was dismissed because AVFRD was merely a customer and a separate declaratory judgment action between the ...

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Expert lacked basis to opine on lost future sales (access required)

A physicist with experience relating to radiation protection products could not testify about lost future sales resulting from the defendants’ alleged patent infringement because his opinion was not based on specialized methodology, facts or data gathered from the relevant market. ...

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In rem action against domain name may proceed (access required)

An anti-cybersquatting and trademark infringement action may proceed in rem against the domain name in Virginia because the plaintiff is unable to obtain in personam jurisdiction against the infringer. Although an individual defendant consented to jurisdiction in Arizona, he was ...

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Transfer of patent inventor suit to California denied (access required)

Where the parties’ relationship in a patent inventorship dispute was centered on conduct and activities in Taiwan and China, and where specific jurisdiction was lacking, the motion to transfer the dispute to the Northern District of California was denied. Background ...

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Russian owner of ‘stream-stripping’ websites may be subject to jurisdiction (access required)

The Russian owner of “stream-ripping” websites, which allow audio extraction from videos, should have known he could be sued in Virginia based upon the volume of visitors from Virginia and his other contacts with the United States. On remand, the ...

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Cox can’t avoid $1 billion verdict, but can attempt to reduce award (access required)

In a copyright infringement suit brought by members of the music industry against Cox Communications, the jury’s award of $99,830 for each of the infringing works was supported by the evidence and was not unconstitutional. However, Cox will have an ...

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Seller of fake Lamborghini products must pay $6 million judgment (access required)

A man sued for allegedly marketing and selling counterfeit Lamborghini-marked merchandise failed to show he was improperly served or that default was improperly entered. Where the owners of the Lamborghini trademark and corporate affiliates sufficiently pleaded trademark and false designation ...

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Franchisor awarded most of attorneys’ fees, costs in trademark suit (access required)

Franchisees of urgent care centers who continued using the trademarks, service marks and a franchise system without authorization must pay most of the plaintiff’s attorneys’ fees. The claimed partner hourly rate of $400 and associate rate of $200-275 per hour ...

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