In 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
Yesterday, President Obama signed the Defend Trade Secrets Act into law. The law creates a federal cause of action for protection of trade secrets. More information about the new law can be found in Proskauer’s client alert here.
Judge 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.
The 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.
In 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
An out-of-state franchisee sought to escape the reach of the Massachusetts District Court in a breach of contract and trademark infringement litigation filed by its Massachusetts-based franchisor. But, the parties quickly discovered that the Court is primed to flex its muscles when deciding jurisdictional questions presented in the franchisee’s motion to dismiss. Continue Reading
A New Hampshire District Court recently denied defendant sensor makers’ attempt to tilt the case in their favor by denying summary judgment of invalidity and non-infringement.
SignalQuest asserted three patents relating to tilt and vibration sensors against the defendants. During the case, the U.S. Patent Office instituted ex parte reexaminations for each of the patents, leading the Court to stay the case pending conclusion of the reexaminations. All three patents ultimately survived reexamination, but some claims were canceled or amended, and some new claims were added. After the Court lifted the stay, the defendants moved for summary judgment. Continue Reading