No.Omega Patents has sued CalAmp for infringement of a number of patents relating to vehicle control systems. CalAmp offered expert opinion explaining the amount of certain damages that should be at risk. Specifically, CalAmp’s expert began his damages calculation by
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Is The Relative Emphasis in Marketing Materials of the Accused Technology a Reliable Basis for Apportioning Damages?
No.Omega Patents has sued CalAmp for infringement of a number of patents relating to vehicle control systems. CalAmp offered expert opinion explaining the amount of certain damages that should be at risk. Specifically, CalAmp’s expert began his damages calculation by…
Does a Patent Plaintiff’s Unsuccessful Belief That It Can Enforce A Patent Render A Case Exception?
No.Sweepstakes Patent Company (“SPC”) acquired a license to use U.S. Patent 5,569,082 in certain fields. SPC later sued a number of defendants for infringement. But the license agreement provided:
[Patent Owner – not SPC the licensee] shall, in its absolute…
Must A Copyright Holder Attach The Deposit Copy To Its Complaint?
No. Rule 8 (i.e. notice pleading) is alive and well in the copyright context.PK Studios, Inc. provided architectural drawings for homes to Stock Development, LLC in connection with development in two communities. PK provided a release to Stock allowing it…
Must A Copyright Holder Attach The Deposit Copy To Its Complaint?
No. Rule 8 (i.e. notice pleading) is alive and well in the copyright context.PK Studios, Inc. provided architectural drawings for homes to Stock Development, LLC in connection with development in two communities. PK provided a release to Stock allowing it…
Is Making a Song Available Via the Internet An Act of Copyright Infringement?
No, not really. But it can survive the pleadings.A number of Record Companies asserted their rights against a number of Accused Infringers. The rights at issue relate to a number of sound recordings, 25 of which were recorded before 1972,…
Is Making a Song Available Via the Internet An Act of Copyright Infringement?
No, not really. But it can survive the pleadings.A number of Record Companies asserted their rights against a number of Accused Infringers. The rights at issue relate to a number of sound recordings, 25 of which were recorded before 1972,…
Where Does Trademark Infringement Tort Occur For Venue Purposes?
Where the trademark owner resides, at least under Florida’s long-arm statute:
Under Florida’s long-arm statute, Defendant is subject to personal jurisdiction where it commits a “tortious act within th[e district].” § 48.193(1)(a)(2), Fla. Stat. Trademark infringement is considered a…
Where Does Trademark Infringement Tort Occur For Venue Purposes?
Where the trademark owner resides, at least under Florida’s long-arm statute:
Under Florida’s long-arm statute, Defendant is subject to personal jurisdiction where it commits a “tortious act within th[e district].” § 48.193(1)(a)(2), Fla. Stat. Trademark infringement is considered a…
Does Re-Registering a Domain Name Constitute “Registering” a Domain Name for Anticybersquatting Purposes?
Yes.Jysk Bed’N Linen operates furniture stores in Georgia, New Jersey, and North Carolina. In early 1999, it had a website developed for it and hosted that website at http://www.bydesignfurniture.com. It had asked the website developer to register the domain…