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 […]
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”) […]
Here is the second of two surveys of recent trademark cases filed in Georgia District Courts. Tory Burch Sues Alleged Counterfeiter On May 31, 2013, River Light V, L.P. and Tory Burch LLC (collectively “Tory Burch”), both based in New York, New York, filed suit against Golden Stella, […]
Here is a survey of recent patent cases filed in the Northern District of Georgia. A similar survey of recent trademark and copyright cases will be published soon. Medical Device Patent Suit On May 23, 2013, Ivera Medical Corporation (“Ivera”), based in Carlsbad, California, filed suit against The […]
Acceleron, LLC, a Delaware limited liability company claiming a principal place of business in Atlanta, filed suit against Dell Inc., headquartered in Round Rock, Texas, alleging infringement of Patent No. 6,948,021 (the “’021 patent”), which deals with a hot-swappable server module in a computer network. On June 12, […]
Out of three patent infringement cases filed in August 2012 by Joao Bock Transactional Systems, LLC (“JBTS”) in the Northern District of Georgia, one case was transferred to the Northern District of California, one case has just now been transferred to the Northern District of Illinois, and one […]
File an appropriate motion. Follow accepted procedures. Address the relevant factors. Present clear, concise argument. Avoid legalese and long block quotations.These are the directives of a recent order from Judge Pannell denying reconsideration of an order in which the Court declined to “re-transfer” a patent infringement case to […]
As initially reported in our August 13, 2012 post, a patent infringement action filed by International Growers Supply, Inc. (“IGS”) was transferred from the Central District of California to the Northern District of Georgia based on the “first-to-file” rule because the defendants had previously filed a declaratory judgment […]
Attorneys often worry that sending a license demand letter (or cease-and-desist letter) on behalf of a patentee will prompt an accused infringer to file a declaratory judgment action in its home forum, thus preempting the patentee’s choice of forum. This fear is the most significant factor behind patentees’ […]
Charles Schwab & Company’s ad campaign exhorts viewers to Talk to Chuck® for financial advice. A plaintiff that sued Charles Schwab & Company in Georgia for patent infringement, however, will have to talk to Charles Schwab about its case elsewhere. Our August 23, 2012 post discussed three lawsuits filed […]
Georgia IP Litigation 