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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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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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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.

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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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Should Discovery be Stayed Pending Ruling on Dispositive Motion?

E-Discovery LLC

It wrote: The ordinary course of litigation is for discovery to proceed in the face of a pending dispositive motion, and courts do not favor blanket stays of discovery because delaying or prolonging discovery can create unnecessary litigation expenses and case management problems. cleaned up).

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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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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).