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Amendment to add new defendants denied after close of fact discovery: DNJ
- Fox Rothschild LLP
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- USA
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- February 18 2013
A plaintiff's request to add 12 new defendants to a patent infringement action after the close of fact discovery would cause undue delay, is
Definitely no presumption of irreparable harm for patent infringement
- Fox Rothschild LLP
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- USA
- -
- October 14 2011
The Federal Circuit this week expressly confirmed that there is no presumption of irreparable harm for patent infringement, and injunctions should not be granted automatically in patent cases
America Invents Act: micro entity status for institutions of higher education
- Fox Rothschild LLP
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- USA
- -
- January 10 2012
The Leahy-Smith America Invents Act (AIA) has created a new class of patent applicants designated as “micro entities” who are entitled to a 75 percent reduction in certain fees paid to the U.S. Patent and Trademark Office
No right to jury trial for sole issue of patent validity: SDNY
- Fox Rothschild LLP
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- USA
- -
- September 14 2012
Claims for declaratory judgment concerning validity of a patent do not entitled the parties to the Seventh Amendment right for a trial by jury, the Southern District of New York held in Abbot Labs. v. Mathilda & Terence Kennedy Institute of Rheumatology Trust
Judge Griesa overturns jury verdict for second time
- Fox Rothschild LLP
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- USA
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- September 20 2012
After a second jury trial for patent infringement, Judge Griesa of the Southern District of New York granted defendant's motion for judgment as a matter of law as to non-infringement of the two patents in suit, in Hypoxico, Inc. v. Colorado Altitude Training LLC, No. 02-CV-6191, slip op. (S.D.N.Y. Aug. 28, 2012
FTC reports rise in "pay-for-delay" settlements
- Fox Rothschild LLP
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- USA
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- January 28 2013
On January 17, 2013, the FTC reported a record number of pay-for-delay settlements in 2012, increasing to 40 from 28 in 2011. The agreements covered
DNJ: attorney fees not warranted despite Federal Circuit's prior warning that asserted patent may be obvious
- Fox Rothschild LLP
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- USA
- -
- November 21 2012
The District of New Jersey denied defendants' motion for attorneys fees after judgment of invalidity in their favor and despite the Federal Circuit's indication in a prior litigation that the asserted patent may be obvious, in Teva Women's Health, Inc
Attorney advice on how to respond to third-party inquiries is privileged: DNJ
- Fox Rothschild LLP
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- USA
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- January 17 2013
Corporations can assert privilege over advice of counsel on how to respond to third-party inquiries, particularly where the response is reasonably
America Invents Act: micro entity status for institutions of higher education
- Fox Rothschild LLP
- -
- USA
- -
- November 21 2011
The Leahy-Smith America Invents Act (AIA) creates a new class of patent applicants designated as “micro entities” which are entitled to a 75 percent reduction in certain fees paid to the U.S. Patent and Trademark Office
Motion to compel noninfringementinvalidity contentions premature where discovery outstanding from both parties
- Fox Rothschild LLP
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- USA
- -
- September 11 2012
Magistrate Judge Lindsay of the Eastern District of New York denied as premature plaintiff's motion to compel defendant's response to contention interrogatories concerning invalidity and noninfringement defenses where plaintiff had not yet repsonded to all of defedant's discovery demands and substantial discovery remained to be exchanged between the parties, in Carson Optical, Inc. v. Prym Consumer USA, Inc
