Bad Faith Supports Preliminary Injunction Under the ACPA

A motion for a preliminary injunction was granted to prevent continued use of the plaintiff’s mark in the defendants’s domain name where the plaintiff was likely to succeed on the merits of its claim under the Anticybe… Read More

Patent Infringement Notice Pleading Standard Not Met

If every court adopted a bar for bringing a software or Internet patent infringement action that was as high as the standard followed by the court in Pagemelding, Inc. v. ESPN, Inc., No. C-11-06263 (N.D. Cal. April 30, 2012), pate… Read More

No Venue Transfer from E.D. Texas: Federal Circuit Denies Mandamus Petition

The Federal Circuit has upheld a trial court’s decision to deny Amazon.com’s motion to transfer venue from the Eastern District of Texas in a patent infringement case.  In re Amazon.com, Inc., Misc. No. 115, (May 1, 2… Read More

E.D. Texas Applied Wrong Standard for Joinder of Patent Defendants: Fed. Circuit

Eight of eighteen defendants named in a complaint for patent infringement sought a writ of mandamus directing the Eastern District of Texas to sever and transfer claims against the respective defendants to various district courts.… Read More

When Can a Patent Owner Sue for a Declaratory Judgment?

Does jurisdiction exist over a declaratory judgment action (i.e., is there a case or controversy) where the plaintiff alleges that a party’s possible future use of software would infringe patent claims?  The court in Auburn… Read More

Answering an In Rem Action Against a Domain Name under the ACPA

The Anti-cybersquatting Consumer Protection Act, 15 U.S.C. § 1125(d) allows a trademark owner to “file an in rem civil action against a domain name in the judicial district in which the domain name registrar, domain name regist… Read More

Preliminary Injunction for Software Copyright Infringement

When can a plaintiff obtain a preliminary injunction relating to a customer’s use and distribution of copyrighted software beyond the scope of the customer’s license?  The court in Accusoft Corp. v. Quest Diagnostics,… Read More

Patent Infringement Notice Pleading: A Lesson from Contrasting Cases?

Two recent cases provide a contrast that may illustrate minimum notice pleading requirements for patent infringement plaintiffs.  In j2 Global Communications, Inc. v. Vitelity Communications, LLC, No. CV 11-07904 (C.D. Cal. April… Read More

Independent Contractors Are Covered by the Attorney-Client Privilege

Use of independent contractors is common in the tech world, especially in software development.  Communications between a company’s attorneys and an independent contractor may be protected by the attorney-client privilege,… Read More

Notice Pleading Contributory and Induced Patent Infringement

Bare bones allegations that a defendant knew of a patent, and intended others’ infringement, were not enough to sustain allegations that the defendant indirectly, i.e., contributorily and by inducement, infringed the patent.… Read More

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