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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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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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CAFC Rejects Bid for Attorney Fees in Cannabis Patent Suit

IP Watchdog

United Cannabis’ infringement claims were dismissed with prejudice while Pure Hemp’s invalidity and inequitable conduct counterclaims were dismissed without prejudice.

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What Are Different Types of Legal Pleadings in Law?

CaseFox

Counterclaim The defendant can file a counterclaim against the plaintiff when they assert their own harm. The counterclaim usually takes place in case of accidents. You can just counterclaim them. Counterclaim: The counterclaim serves the purpose of calming against the plaintiff.

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Atlas Global v. TP-Link: A Missed Opportunity to Clarify the Scope of Standards Related Licensing Obligations

IP Watchdog

A recent decision out of the Eastern District of Texas granted the plaintiff patent owner summary judgment with respect to the defendants’ counterclaim that the plaintiff breached licensing related obligations owed to the Institute of Electrical and Electronics Engineers (IEEE) by not communicating with the defendants prior to suing for infringement. (..)

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CAFC Reverses District Court Claim Construction in Fuel Tank Sensor Case

IP Watchdog

In September 2021, a Wisconsin district court dismissed the patent infringement claims by SSI, as well as DZEM’s counterclaims that the patents were invalid. SSI accused DZEM of producing systems to reduce emissions for diesel truck engines that infringed U.S. Patent Nos. 8,733,153 and 9,535,038.

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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).