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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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CAFC Says Prosecution History Disclaimer Applies to Design Patents, Too

IP Watchdog

District Court for the District of Arizona, Cozy Comfort counterclaimed for infringement of the patent and trademarks. D859,788 (the “D788 patent”) and two trademarks for “THE COMFY” for goods and services relating to blanket throws. After Top Brand sought declaratory judgment of non-infringement from the U.S.

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PART 36: SHOULD THE NORMAL PART 36 CONSEQUENCES APPLY WHEN A CLAIMANT HAD, EFFECTIVELY, OFFERED “NIL” ON A COUNTERCLAIM (THAT FAILED)?

Civil Litigation Brief

The claimant had beaten its own Part 36 offer and defeated the defendant's counterclaim totally. Here we are looking at some interesting arguments on Part 36 put forward by an, obviously disappointed, defendant. Nevertheless, the defendant argued, this was not.

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PROFESSIONAL NEGLIGENCE NEWS 2: HOW TO CALCULATE LOSSES TO A SOLICITOR WHEN OTHERS HAVE DONE THE WORK BADLY

Civil Litigation Brief

The facts are unusual in that damages were assessed in a case where a solicitor had counterclaimed for losses due to inadequate work done by. Here we look at the assessment of damages in a professional negligence/breach of contract case.

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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

This series has now covered hundreds of examples where litigants have failed to prove their case. 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. .

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Clashing Casino Couple Out of Luck as Court Rules Insurance Companies Can Refuse Coverage for Parking Lot Incident

Practice of Law

Winters and Hill answered the complaint in November with counterclaims of their own, asserting the companies were liable for breach of contract , negligence, gross negligence, bad faith, and racial discrimination. The counterclaims were dismissed without prejudice in May 2024 for failure to state a valid claim.

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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. When the litigation analytics company Gavelytics shut down in 2022, it was a shock to almost everybody but the founder. In December 2020, it announced that it was shutting down.