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…
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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…
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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.…
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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…
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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…
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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,…
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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…
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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,…
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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.…
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Even after bringing suit against 33 parties just before the America Invents Act’s prohibition on joining unrelated defendants took effect, the notice pleading requirements of the Federal Rules of Civil Procedure still requir…
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