On March 12, 2013, Chief U.S. District Judge Julie E. Carnes, of the U.S. District Court for the Northern District of Georgia, entered an order granting a motion to stay patent litigation brought against Defendant Diversitech Corporation (“Diversitech”) pending the conclusion of reexamination proceedings in the USPTO. Plaintiffs […]
On February 27, 2013, the U.S. District Court for the Northern District of Georgia, Atlanta Division entered an order in a patent case: (1) denying the plaintiff’s motion to strike the defendant’s affirmative defenses; and (2) granting the defendants’ motion to stay the litigation pending reexamination of the […]
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’ […]
On October 3, 2012, Anvil International, LLC (“Anvil”) of Portsmouth, New Hampshire, and Mueller Water Products, Inc. (“Mueller”) of Atlanta, Georgia, filed a complaint against Victaulic Company (“Victaulic”) of Easton, Pennsylvania, in the Northern District of Georgia seeking a declaration that the claims of Victaulic’s U.S. Patent No. […]
On August 13, 2012, Judge Richard W. Story of the Northern District of Georgia denied a plaintiff’s motion to lift a stay even though the reexamination that had been the basis for the stay was resolved. Plaintiff Xpedite Systems, LLC (“Xpedite”) filed an action alleging that Defendant J2 […]
On June 29, 2012, the U.S. District Court for the Middle District of Georgia, Athens Division, in an opinion and order authored by Judge Clay D. Land, granted a Motion for Preliminary Injunction barring the manufacture, sale, and offering for sale in, and importation into, the United States […]
Georgia IP Litigation 