New England IP Blog

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

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

Franchisee Can’t Work Its Way Out of Trademark Infringement and Breach of Contract Litigation on Jurisdictional Grounds

fitness_v7An 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

Sensor Maker Cannot Shake Infringement Suit on Summary Judgment

circuit1A 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