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November 2016 Retail Patent Litigation Report
  • Holland & Knight LLP
  • USA
  • February 9 2017

November filings slowed a bit from the September October pace. Frequent filers included Grecia, Hawk Technology, Pherah, Phoenix Licensing and


Alice Dismissal, Without Move, is Not Necessarily Exceptional
  • Holland & Knight LLP
  • USA
  • February 3 2017

O2 Media, LLC v. Narrative Science Inc., No. 15 C 5129, Slip Op. (N.D. Ill. Jan. 3, 2017) (Tharp, J.). Judge Tharp denied defendant Narrative


One Plaintiff’s Copyright Claim Creates Supplemental Jurisdiction Over Other Plaintiff’s State Law Claim
  • Holland & Knight LLP
  • USA
  • February 1 2017

Judge Kennelly denied in part defendant’s Fed. R. Civ. P. 12(b) motion to dismiss plaintiff’s state law claims in this case involving copyright claims


October 2016 Retail Patent Litigation Report
  • Holland & Knight LLP
  • USA
  • January 31 2017

October continued the summer fall trend of relatively active NPEs into the fall. Frequent filers included Anuwave, Bartonfalls, BillingNetwork


Court Strikes Answer’s “Oxymoronic” Denials
  • Holland & Knight LLP
  • USA
  • January 30 2017

Judge Shadur sua sponte struck defendant Yogeemall’s answer and affirmative defenses with leave to refile for the following deficiencies


September 2016 Retail Patent Litigation Report
  • Holland & Knight LLP
  • USA
  • December 22 2016

September continued the summer trend of relatively active NPEs into the fall. Frequent filers included 511 Technologies, BillingNetwork Patents, e


Moving Parties Arguments May Not be First Made on Reply
  • Holland & Knight LLP
  • USA
  • December 16 2016

Judge Bucklo denied defendant’s (“HBI”) motion to transfer to the District of Arizona in this trade dress and


Negotiated Litigation Reserve Not Protected Work Product
  • Holland & Knight LLP
  • USA
  • December 14 2016

Judge Rowland granted in part defendants’ motion for a protective order preventing production of their Equity Purchase Agreement


August 2016 Retail Patent Litigation Report
  • Holland & Knight LLP
  • USA
  • December 13 2016

August was a moderately active month for NPE filings. Frequent filers included Hawk Technology, Landmark Technology Reflection Code, Rothschild


Discovery Mooted by Potential Summary Judgment Decision
  • Holland & Knight LLP
  • USA
  • December 12 2016

Judge Gottschall overruled plaintiff NuCap’s objections to Magistrate Judge Kim’s decision denying NuCap the right to serve additional