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Examining a Potential ‘Counterclaim Gap’ at the Unified Patent Court

IP Watchdog

With the creation of the Unified Patent Court, it was believed that a middle ground had been achieved between the two concepts, but the data shows that a "counterclaim gap" may be emerging.

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Copyright Office Issues NPRM Governing CCB Counterclaims and Related Discovery Requests

IP Watchdog

The proposed rule changes would impact how respondents in CCB actions can assert counterclaims arising out of previous contractual agreements between parties to the action, as well as document production requests related to those counterclaims.

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Plumbing & HVAC Expert Witness Case Summary

Expert Witness Blog

Dan King then filed suit for breach of contract to recover the unpaid portion, and Harrison counterclaimed, alleging breach of contract due to faulty workmanship. Harrison refused to pay the full balance, alleging that the work was incomplete or defective. Continue reading

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PROVING THINGS 263: “IT IS A FUNDAMENTAL PRINCIPLE OF LITIGATION THAT A CLAIMANT MUST PROVE THEIR LOSS… THEY MUST ALSO SATISFY THE COURT AS TO THE AMOUNT OF ANY LOSS WHICH THEY HAVE SUFFERED”

Civil Litigation Brief

We are looking at another example here where a counterclaiming defendant adduced no substantive evidence of a claim said to be worth nearly £500,000. . This series has now covered hundreds of examples where litigants have failed to prove their case.

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STRIKING OUT FOR DELAY: THE DANGERS FOR A COUNTERCLAIMING DEFENDANT IN LETTING SLEEPING DOGS LIE

Civil Litigation Brief

In Western Avenue Properties Ltd & Anor v SONI & Anor [2024] EWHC 2124 (KB) Master Davison struck out a counterclaim on the grounds of delay. The claim had already been struck out for delay. In these circumstances the principles.

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The Five Most Momentous Legal Tech Fails

Law Sites

Yet even though the company is no longer operating, it continues to fight the lawsuit, with its defense and counterclaims funded by insurance coverage. While ROSS vehemently denied the allegations, the lawsuit crippled its ability to raise new financing or explore potential acquisition opportunities. LexisNexis Firm Manager.

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CAFC Clarifies Experimental Use Exception, Reduces Damages in Partial Reversal of Sunoco Patent Infringement Win

IP Watchdog

Venture counterclaimed, asserting that the patents were not infringed, were invalid and unenforceable. Sunoco sued Venture, alleging that its operation of butane-blending systems infringed claims of U.S. Patent Nos. 7,032,629 (the ‘629 patent), 6,679,302 (the ‘302 patent), and 9,606,548 (the ‘548 patent).