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  • Jacki Easlick, LLC v. CJ Emerald

    Publication Date: 2024-02-16
    Practice Area: Patent Litigation
    Industry: Consumer Products
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Stickman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2:23-cv-2000

    Plaintiff moved for a preliminary injunction in its patent infringement action alleging infringement on a design patent and court found plaintiff did not show an ordinary observer would be deceived into mistakenly purchasing defendant's accused product instead of plaintiff's Tote Hanger and plaintiff offered no concrete evidence to support the claim of irreparable harm. Motion denied.

  • Samiam Group, LLC v. Coopersberg Assoc., Inc.

    Publication Date: 2023-02-20
    Practice Area: Patent Litigation
    Industry: Consumer Products
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Leeson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 5:22-cv-2256

    Both parties moved for summary judgment in plaintiff's action asserting infringement of its design patent for a baseball bat shaped drinking vessel and common law unfair competition and defendant's counterclaim alleging the patent was invalid and court found plaintiff's patent was valid because defendant failed to rebut the presumption of validity, a genuine dispute of material fact existed as to whether a jury could find infringement and plaintiff's unfair competition claim was preempted by federal patent law. Motions granted in part

  • Baxter Healthcare Corp. v. B. Braun Med. Inc.

    Publication Date: 2022-10-03
    Practice Area: Patent Litigation
    Industry: Biotechnology | Health Care | Manufacturing
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Schmehl
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-5659

    Under applicable Delaware law, fraud claims could not be asserted to evade settlement agreement that included non-reliance clause where the alleged fraud did not relate to any provisions of the settlement. Defendants' motion to dismiss granted.

  • The Sherwin Williams Co. v. PPG Indus., Inc.

    Publication Date: 2022-07-04
    Practice Area: Patent Litigation
    Industry: Manufacturing
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Conti
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0740

    Plaintiff filed rule 50(b) and rule 59 motions after jury found for defendant on the issues of anticipation and obviousness in plaintiff's patent infringement action and court held jury had sufficient evidence to find in defendant's favor and plaintiff's challenge to trial court's pre-trial and trial rulings failed. Motions denied.

  • PeriRx, Inc. v. The Regents of the Univ. of California

    Publication Date: 2022-02-07
    Practice Area: Patent Litigation
    Industry: Health Care | Legal Services
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Wolson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0129

    Defendants sought sanctions against plaintiff and its attorney in plaintiff's patent licensing action and court found sloppiness on the part of plaintiff and its counsel but only found plaintiff's alter ego arguments at summary judgment sanctionable as were its statute of limitations tolling arguments and allegations as to another university's involvement. Motion granted in part and denied in part.

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    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Cipla, Ltd. v. Amgen Inc.

    Publication Date: 2019-08-07
    Practice Area: Contractual Disputes | Patent Litigation
    Industry: Pharmaceuticals
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Shwartz
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68655

    Preliminary injunction properly denied where party unlikely to prevail on its breach of contract claim because terms of settlement agreement permitted the other party to launch a generic equivalent without interference from the moving party.

  • Davison Design & Dev., Inc. v. Frison

    Publication Date: 2019-05-06
    Practice Area: Dispute Resolution | Patent Litigation
    Industry:
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Conti
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0517

    Prevailing party in arbitration award confirmation proceeding was not entitled to award of attorneys' fees and costs where the parties' agreements did not provide for fee shifting and party had no statutory basis for an award, but was entitled to court costs under the rules of civil procedure. Defendant's motion denied in part and granted in part.

  • Communications Test Design, Inc. v. Contec LLC

    Publication Date: 2019-03-04
    Practice Area: Civil Procedure | Patent Litigation
    Industry: Technology Media and Telecom
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pappert
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0229

    The district court declined a rote adherence to the first-filed rule in this declaratory judgment action where plaintiff broke off negotiations with defendant and rushed to file suit in Pennsylvania in anticipation of defendant's impending patent infringement suit. The court granted defendant's motion to dismiss.

  • Junker v. Medical Components, Inc.

    Publication Date: 2017-11-21
    Practice Area: Patent Litigation
    Industry: Biotechnology
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Goldberg
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1715

    Court declined to decide the issue of invalidity based on indefiniteness at the claim construction stage, determined that the hub was part of the overall claimed design and construed the patent. Claim construed.

  • Lambeth Magnetic Structures, LLC v. Seagate Tech. (US) Holdings, Inc.

    Publication Date: 2017-11-07
    Practice Area: Attorney Rates and Arrangements | Intellectual Property | Patent Litigation
    Industry:
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Bissoon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1668

    The court, at the parties request, construed six terms in plaintiffs patent infringement action.Plaintiff asserted that defendants infringed its patent in two separate civil action numbers

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