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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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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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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. When the litigation analytics company Gavelytics shut down in 2022, it was a shock to almost everybody but the founder. In December 2020, it announced that it was shutting down.

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Another Cinderella Situation –Motion Denied as Untimely?

E-Discovery LLC

Defendants counterclaimed. The Fiskars court explained that: The bottom line is this: Even if the court were inclined to compel production of source code and related documents, that information would be unusable in this litigation absent a dramatic upheaval of the schedule…. In Fiskars Finland OY AB v. Woodland Tools Inc.,

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What Are Different Types of Legal Pleadings in Law?

CaseFox

Counterclaim The defendant can file a counterclaim against the plaintiff when they assert their own harm. The counterclaim usually takes place in case of accidents. You can just counterclaim them. Counterclaim: The counterclaim serves the purpose of calming against the plaintiff.

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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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Atlas Global v. TP-Link: A Missed Opportunity to Clarify the Scope of Standards Related Licensing Obligations

IP Watchdog

A recent decision out of the Eastern District of Texas granted the plaintiff patent owner summary judgment with respect to the defendants’ counterclaim that the plaintiff breached licensing related obligations owed to the Institute of Electrical and Electronics Engineers (IEEE) by not communicating with the defendants prior to suing for infringement. (..)