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November 2021 Retail Patent Litigation Report

USA - September 29 2022 After a break, I am back at the monthly patent litigation reports starting with catching up on some of the backlog. As usual, the NPEs slowed down as…

Reply Briefs are Not for “Sandbagging”

USA - June 17 2022 Judge Alonso denied plaintiff Viahart’s Fed. R. Civ. P. 60(b)(6) motion to reopen its case and to permit limited jurisdictional discovery in this Doe…

Trademark Infringement Alone Does Not Create Personal Jurisdiction

USA - June 13 2022 Judge Guzman granted defendant Rebel Hospitality DE’s Fed. R.Civ. P. 12(c) motion to dismiss plaintiff Rebel Hospitality IL’s trademark infringement…

Court Upholds Agreement in Face of Allegations that Defendant Did Not Enter It

USA - June 10 2022 Judge Wood denied defendant Oxygen Ocean’s motion to set aside the parties’ settlement agreement in this trademark dispute involving plaintiff…

Illinois Law Applies Over Colorado Based Upon Situs of Events

USA - June 8 2022 Federal courts apply the forum’s choice of law rules. Illinois uses the forum’s law, unless there is a conflict with another State’s law. Illinois…