On January 22, 2013, Kason Industries, Inc. (“Kason”), a New York corporation based in Newnan, Georgia, filed a complaint in the Northern District of Georgia against Component Hardware Group, Inc. (“CHG”), a Delaware corporation based in Lakewood, New Jersey, alleging that CHG is infringing United States Patent No. […]
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’ […]
In a dispute between golf cart manufacturers E-Z-GO and Club Car, Judge J. Randal Hall of the Southern District of Georgia has denied Club Car’s motion seeking attorney fees pursuant to 35 U.S.C. § 285, holding that under the Federal Circuit’s standard E-Z-GO’s suit and litigation conduct did not warrant […]
On December 28, 2012, plaintiff Brandywine Communications Technologies, LLC (“Brandywine”) filed a patent infringement complaint against Nahunta, Georgia-based BTC Communications, Inc. (“BTC”), in the Brunswick Division of the U.S. District Court for the Southern District of Georgia. This appears to be Brandywine’s first foray into Georgia, though to […]
“A declaratory action allows a party ‘who is reasonably at legal risk because of an unresolved dispute, to obtain judicial resolution of that dispute without having to await the commencement of legal action by the other side.’”[1] In the patent litigation context, declaratory judgment actions are frequently brought […]
Acceleron, LLC has filed another lawsuit asserting U.S. Patent 6,948,021 (“the ‘021 Patent”), now against defendant Dell, Inc., the second lawsuit filed on the ‘021 Patent in roughly the last 3 months. As previously mentioned in a September 5 post, Acceleron had sued Hitachi Data Systems Corporation in […]
With one recent Northern District of Georgia action under its belt (see our October 31 and November 16 posts), 3form, Inc. (“3form”) has launched a nationwide campaign to enforce its design patents, utility patents, and trademark relating to architectural wall designs and products. On November 20, 2012, Utah-based 3form and Swiss-based Hunter Douglas […]
On November 15, 2012, Atlanta-based Pursen, LLC (“PurseN”), claiming exclusive rights to a purse organizer insert, sued QVC, Inc. and two Florida-based corporations (Great Innovations, Inc. and For Life Products, Inc.) for patent infringement, trade dress infringement, and related state law causes of action. PurseN is the owner […]
On November 16, 2012, Atlanta-based Tie Down, Inc. (“Tie Down”) filed a declaratory judgment action against Demco, Inc. (“Demco”), based in Des Moines, Iowa, asking the Court to declare that its trailer hitch and integrated actuator products do not infringe Demco’s U.S Patent No. 7,690,673 (the ‘673 patent), entitled […]
In our July 23 post, we covered the Eleventh Circuit’s denial of a petition for a rehearing filed by the Federal Trade Commission (“FTC”), in which the Eleventh Circuit let stand its earlier rejection of the FTC’s challenge that a “pay for delay” agreement (also called a “reverse payment” agreement)[1] violated antitrust laws. In […]
Georgia IP Litigation 