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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The court in Gradient Enterprises, Inc. v. Skype Technologies S.A, No. 10-CV-6712L (W.D.N.Y. March 13, 2012), addressed the confusion concerning pleading standards in patent infringement actions following the Supreme Court’s…
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An entity alleged to be the alter ego of a plaintiff bringing an action for reverse domain name hijacking is not subject to the personal jurisdiction of the court on a trademark infringement counterclaim. AIRFX v. AirFX, No. CV…
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Internet scofflaws often operate anonymously or under pseudonyms, and frequently provide false addresses, making them difficult to locate and serve. This has led some courts to allow service via e-mail, a helpful tool to remembe…
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