New England IP Blog

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

Laura Stafford

Laura Stafford

Associate

Laura Stafford is an associate in the Litigation Department.

Her practice encompasses a variety of complex matters, with a focus on high-profile patent infringement disputes across different industries. She is experienced in all stages of the litigation process, including pre-suit due diligence, discovery, summary judgment and trial.

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With $450.00 in Connecticut Sales, AMP Medical Subject to Personal Jurisdiction in Trademark Lawsuit

A recent case from the District of Connecticut provides important insight into personal jurisdiction analysis, and serves as a reminder that sometimes even modest connections to a state can render a company subject to suit in that state. Here, Judge Vanessa Bryant found that Connecticut could exercise personal jurisdiction over AMP Medical Products, a Nevada company that sold … Continue Reading

Rampage’s Patent Suit Inks a Partial Victory in Surviving Motion to Dismiss

Judge Allison Burroughs of the District of Massachusetts recently issued a decision that provides much-needed insight into pleading standards in patent cases. With the demise of Form 18 of the Federal Rules of Civil Procedure, litigants have been faced with a number of questions concerning the level of detail a plaintiff needs to include in a … Continue Reading

Future and Unreleased Products Can’t Drive Litigation

In a recent decision out of the District of Massachusetts, Judge Talwani provided litigants with insights into patent subject matter jurisdiction in declaratory judgment actions. Here the patent owner, US Carburetion, had lost previous motions to throw the case out due to lack of declaratory judgment jurisdiction. But after repeatedly asserting that it does not want to … Continue Reading

Accused Infringer Puts the Screws on Patentee

We wrote recently about a summary judgment decision in which Judge Indira Talwani found certain asserted claims of two patents on a type of breakable screw to be obvious in light of the prior art. This ruling came even though the patentee had produced some evidence of copying, and even though the accused infringer had not shown a motivation … Continue Reading

Edible Arrangements’ Trademark Case Bears Fruit

In a recent decision, Judge Vanessa L. Bryant shed some light on a significant new issue: trademark infringement in the world of internet keyword advertising. In a case with important implications for online marketing strategies, Judge Bryant denied Provide Commerce’s request for partial summary judgment against trademark owner Edible Arrangements, which had filed a suit … Continue Reading

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

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 … Continue Reading

Blink And You’ll Miss Your Window To Intervene In An Infringement Suit

Judge Indira Talwani emphasized the importance of timely intervention in any patent infringement suit, in a recent opinion out of the District of Massachusetts. In this case, an exclusive licensee of several patents was not permitted to intervene in a patent infringement suit, largely because its motion was filed many months too late. The Hilsinger Company, … Continue Reading

Massachusetts Court Takes the Temperature of Defendant’s Inequitable Conduct Claim on Summary Judgment

In a recent decision out of the District of Massachusetts, Judge Stearns assessed Kaz’s inequitable conduct defense on summary judgment – and found it to come up short by a degree. The opinion is an important reminder that to make out an inequitable conduct defense, a litigant must make a strong showing as to both … Continue Reading

Connecticut Court Sinks Claim That History Of American Submarine Infringes Copyright

A recent decision from Judge Jeffrey Alker Meyer in the District of Connecticut may make waves in the world of nonfiction copyright. The decision throws out a copyright case that, among other things, emphasized two similarities between the copyrighted work and the accused work: both engaged in the use of “flash-back” and “flash-forward” storytelling techniques, and … Continue Reading

Serial Adversaries Are Still No Big Deal

Judge Indira Talwani issued an order on plaintiff Erik Cherdak’s renewal of his motion to disqualify, which we talked about last year in Serial Adversaries Are No Big Deal. And once again, she found that for Cooley, serial adversaries are still no issue. Judge Talwani again found no evidence that Cooley’s representation of two separate … Continue Reading

Massachusetts Court Sheds Light On Deposition Privilege Waiver Issues

Chief Judge Patti Saris of the District of Massachusetts has issued a significant opinion on privilege waivers in the Trustees of Boston University v. Everlight Electronics case. The opinion concerned a deposition in the case where the deposition witness apparently disclosed a little too much. The issue arose out of a line of questioning common in … Continue Reading

Conflicting Expert Opinions Prevent Summary Judgment

A recent summary judgment opinion by Judge Patti B. Saris highlights the importance of expert testimony in substantiating factual disputes and withstanding summary judgment. In denying both parties’ motions for summary judgment on infringement, Judge Saris relied heavily on the opposing opinions of the parties’ experts. Here, Boston University sued Everlight Electronics, a manufacturer of light-emitting … Continue Reading

LevelUp’s Pursuit of Attorney’s Fees Goes Up to the Federal Circuit Level

In an interesting case before Judge Timothy S. Hillman in the District of Massachusetts, a dispute over whether attorney’s fees should be granted is moving up to the Federal Circuit. The case brings back before the Federal Circuit the question of the proper standard for granting attorney’s fees – a standard that has been in … Continue Reading

Locating Time Frames for the Hypothetical Negotiation

In determining a reasonable royalty for patent infringement damages, district courts often use the hypothetical negotiation analysis: that is, what is the royalty rate that the patent owner and the infringer would have agreed to in a hypothetical negotiation at the time the infringement began (assuming the patent owner was hypothetically willing to license the patent). … Continue Reading

Limiting the Number of Patent Claims at Trial

Trial was scheduled for next week, but Boston-based Skyhook and Google, Inc.  reached a settlement, according to a Court paper filed yesterday. The lead up to the trial in Skyhook v. Google was filled, though, with interesting litigation practice notes. One such matter was what Judge Rya Zobel did with the large number of patent claims being … Continue Reading

EveryScape’s Patents Hit Their Vanishing Point

Last week, a federal jury in Massachusetts delivered a verdict in favor of patent-defendant Adobe Systems, invalidating all asserted claims of EveryScape’s two asserted patents.  Earlier in the litigation, the court found at summary judgment that a tool in the Vanishing Point filter of Adobe’s popular Photoshop software directly infringed EveryScape’s patents.  So at trial, Adobe … Continue Reading

Lights Out on Boilerplate Discovery Responses

A growing number of judges around the country are becoming wary of litigants that appear to be abusing the discovery process, and in effect driving up the cost of patent litigation.  Clamping down on such practices appears to be the impetus behind one recent discovery order in the District of Massachusetts, scolding a litigant for its boilerplate … Continue Reading

Serial Adversaries Are No Big Deal

Massachusetts District Court Judge Indira Talwani reminded litigants that for lawyers to be conflicted out of a case, they must be on the other side of the “v” from a former client, not a former adversary, since the issue is ultimately whether counsel will be constrained from vigorous representation of their new client.  The order concerned a case … Continue Reading

Hurry Up if You Want to Wait

In a recent decision on a motion to stay litigation pending a Covered Business Method review filed by defendant Carecloud Corporation, District Judge Indira Talwani gave defendants good reason not to delay any petitions for patent office review. Established by the America Invents Act, Covered Business Method reviews may be filed by parties who have been … Continue Reading
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