Category: motion to dismiss

Judge Ross Examines Morass of Pleadings and Refines Dispute to Supported Claims of Patent, Copyright, and Trade Dress Infringement

In an earlier post today we reported on the Third Amended Complaint filed by Lisa Duer (“Duer”), a resident of Woodstock, Georgia, alleging patent infringement, trademark infringement, copyright infringement, and trade dress infringement action against Bensussen Deutsch & Associates, Inc. (“BDA”), a Washington corporation, and Eli Lilly and […]

Sarvint Retains Jurisdiction in the Northern District in Another Order from Judge Batten

Judge Batten denied a motion brought by Carré Technologies, Inc. (“Carré”) to dismiss[i] apatent infringement action brought by Sarvint Technologies, Inc. (“Sarvint”) for lack of personal jurisdiction.  The Court began by incorporating discussions from its Order in the sister case of Sarvint v. OMsignal, on which we recently reported. The accused […]

Comprehensive Ruling on Personal Jurisdiction and Transfer Issues Offers Cautions and Gems for In-house Counsel and Trial Lawyers

In a 46-page order, Judge Timothy Batten denied a motion to dismiss under FRCP 12(b)(2) and (3) for lack of personal jurisdiction and improper venue, or in the alternative to transfer venue brought by OMsignal, Inc. (“OMsignal”) filed in connection with the complaint of Sarvint Technologies, Inc. (“Sarvint”) […]

Middle District of Georgia Refuses to Expand Use-Based Cyberpiracy Liability Beyond Domain Name “Registrant”

On September 24, 2012, the U.S. District Court for the Middle District of Georgia issued an order dismissing a cyberpiracy claim under the Anticybersquatting Consumer Protection Act (“ACPA”) asserted against a defendant corporation.  However, the ACPA claim against individual defendants will remain in the case, at least for the time […]