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Examining a Potential ‘Counterclaim Gap’ at the Unified Patent Court

IP Watchdog

With the creation of the Unified Patent Court, it was believed that a middle ground had been achieved between the two concepts, but the data shows that a "counterclaim gap" may be emerging.

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Copyright Office Issues NPRM Governing CCB Counterclaims and Related Discovery Requests

IP Watchdog

The proposed rule changes would impact how respondents in CCB actions can assert counterclaims arising out of previous contractual agreements between parties to the action, as well as document production requests related to those counterclaims.

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STRIKING OUT FOR DELAY: THE DANGERS FOR A COUNTERCLAIMING DEFENDANT IN LETTING SLEEPING DOGS LIE

Civil Litigation Brief

In Western Avenue Properties Ltd & Anor v SONI & Anor [2024] EWHC 2124 (KB) Master Davison struck out a counterclaim on the grounds of delay. The claim had already been struck out for delay. In these circumstances the principles.

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The Five Most Momentous Legal Tech Fails

Law Sites

Yet even though the company is no longer operating, it continues to fight the lawsuit, with its defense and counterclaims funded by insurance coverage. While ROSS vehemently denied the allegations, the lawsuit crippled its ability to raise new financing or explore potential acquisition opportunities. LexisNexis Firm Manager.

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CAFC Clarifies Experimental Use Exception, Reduces Damages in Partial Reversal of Sunoco Patent Infringement Win

IP Watchdog

Venture counterclaimed, asserting that the patents were not infringed, were invalid and unenforceable. Sunoco sued Venture, alleging that its operation of butane-blending systems infringed claims of U.S. Patent Nos. 7,032,629 (the ‘629 patent), 6,679,302 (the ‘302 patent), and 9,606,548 (the ‘548 patent).

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CAFC Rejects Bid for Attorney Fees in Cannabis Patent Suit

IP Watchdog

United Cannabis’ infringement claims were dismissed with prejudice while Pure Hemp’s invalidity and inequitable conduct counterclaims were dismissed without prejudice.

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CAFC Reverses District Court Claim Construction in Fuel Tank Sensor Case

IP Watchdog

In September 2021, a Wisconsin district court dismissed the patent infringement claims by SSI, as well as DZEM’s counterclaims that the patents were invalid. SSI accused DZEM of producing systems to reduce emissions for diesel truck engines that infringed U.S. Patent Nos. 8,733,153 and 9,535,038.