New England IP Blog

Covering intellectual property developments in New England, and other developments that impact New England companies.

After Rain Delay, Preliminary Injunction Denied

raindrops-4In a recent case involving competitors in the market of storm water chambers, underground structures for the collection and management of rain and snow storm water, the District of Connecticut court denied a motion for preliminary injunction, reasoning in part that there was too long of a delay between when the plaintiff, StormTech, learned of the infringement and when it filed the lawsuit and motion for preliminary injunction. The delay weighed against a finding of irreparable harm, according to the opinion by Judge Alfred V. Covello. Continue Reading

Waiver Conundrum in Akamai v. Limelight Remand

alarm lock-1In a lengthy litigation between Akamai Technologies, Inc. (“Akamai”) and Limelight Networks, Inc. (“Limelight”), the District of Massachusetts recently addressed whether Limelight waived issues presented in its Renewed Motion For Judgment As A Matter Of Law after the case was appealed, and then remanded, back to the District Court. The case was initially tried by a jury, appealed to the Federal Circuit, and then to the United Stated Supreme Court.  After appeal, the District of Massachusetts was instructed to reinstate the jury verdict, which found that the patent-in-suit was valid and infringed.   Continue Reading

Laches Defense Loses its Luster in LED Patent Dispute

LEDs-1In determining whether a laches defense applies to thwart a claim of patent infringement, courts must often shine a light upon murky and complicated factual scenarios. A Massachusetts court recently navigated such a scenario in granting the plaintiff’s motion for judgment, deciding that the complex web of facts did not support a defense of laches as argued by the defendants.   Continue Reading

In Onboard Wi-Fi Case, Covenant Not To Sue Has Wide Range

WIFI-2Judge Jeffrey Alker Meyer of the District of Connecticut recently released an opinion that is significant to litigants on either side of a covenant not to sue. In a complex case with a host of claims and counterclaims asserted among the parties, the patentee’s grant of a covenant not to sue on the asserted patent effectively mooted many of the defendants’ counterclaims.
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IP Roundtable With Chief Judge Saris

Blog_Boston_Skyline_1The Boston Bar Association and the Boston Patent Law Association will be hosting Chief Judge Saris of the United States District Court for the District of Massachusetts at their upcoming IP Roundtable event. The event is scheduled for May 4, 2016, from 4:00 pm – 5:00 pm, and is expected to include discussions on the current trends and issues concerning intellectual property cases in the district courts. The event will be followed by a networking reception. More information about the event can be found here.


Bottom of the Ninth Disclosure of New Damages Theory Warrants More Discovery

baseball-2In a recent opinion in a patent infringement case concerning a baseball pitching simulator, Judge Vanessa Bryant in the District of Connecticut issued an order to administratively close the case, pending further damages discovery. The discovery was needed because the plaintiff ProBatter apparently disclosed a new damages theory late in the case, just months before trial. The court considered whether to exclude all damages evidence and argument given ProBatter’s discovery disclosure failure, but in weighing the draconian impact of such a measure on ProBatter, the court instead ordered more discovery. Continue Reading