Brett Trout

JANUARY 17, 2025

Brett Trout The Cost of Defending Your Patent As an inventor or patent holder, your intellectual property represents years of hard work, creativity, and financial expenditures. Even for smaller cases, where the damages are less than $1 million, the patent litigation costs average $700,000. What Is a Contingent Fee Structure?

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Litigator Litigation Attorney Intellectual Property 52

Above the Law - Technology

MARCH 27, 2024

As I reported yesterday, the plaintiff in the New York case, Silvia Diaz-Roa , filed the lawsuit against Hermes Law , a Texas law firm, and ClaimDeck , a litigation management system for insurers and insurance-defense firms that spun out of Hermes Law. “It is my understanding Ms.

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Lawsuit Legal tech Legal tech Defendant 289

Justia Legal Marketing & Technology blog

SEPTEMBER 29, 2023

In addition to educating the public and helping develop policies, the agency can bring legal actions against people or businesses that have allegedly violated consumer protection laws. The Consumer Protection Law Center at Justia provides more details about how the FTC helps protect consumers from deceptive and unfair business practices.

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Eric Goldman

DECEMBER 4, 2023

In the lawsuit I’m covering today, Roblox named over 250 defendants. If that’s true with the other 18 cases, Roblox may have sued 4,000+ defendants using the SAD Scheme. Hierl was the lead counsel on the Emojico case I opined on in 2021.] * * * Jurisdiction The defendant Bigfinz sells t-shirts. Seriously, Roblox?

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Defendant Judge Lawsuit Court 116

Above the Law - Technology

MARCH 21, 2024

Ai.law , a legal technology startup that uses artificial intelligence to generate litigation documents, has added a new module that will draft the complaint to initiate a lawsuit. Defendant’s misgivings, meaning any facts that might demonstrate the defendant’s lack of character or empathy. The relief sought.

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Lawsuit Legal tech Legal tech Defendant 315

Berkley Technology Law Journal

APRIL 18, 2025

Candidate, 2027 The recent boom in generative AI technology has been hampered by accusations that AI training sets violate intellectual property laws. However, opt-out schemes are an empty promise to creators, enabling tech companies to continue their mass exploitation of unlicensed data while maintaining a veneer of compliance with IP laws.

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Brett Trout

MARCH 11, 2025

Nikes History of Defending Its Patents Nike is no stranger to intellectual property lawsuits. The judgment also signals to competitors that Nike will aggressively defend its intellectual property, regardless of the cost or the lack of patent infringement damages.

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Eric Goldman

MAY 25, 2025

” Doxing The relevant statute applies when a defendant intentionally published the plaintiff’s personally identifiable information without the consent of the person whose information is published.” Defendant-victimization is also a main justification for broadly applicable anti-SLAPP laws.

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Lawsuit Court Defendant Litigator 76

Justia Legal Marketing & Technology blog

MAY 4, 2023

As exciting as generative AI can be, it raises certain questions involving copyright law. Federal copyright law protects “original works of authorship [that are] fixed in any tangible medium of expression,” ranging from books and movies to paintings, architecture, and music. However, the U.S.

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Lawsuit Intellectual Property Court Defendant 246

Brett Trout

FEBRUARY 11, 2025

Brett Trout Patent litigation is often complex and high-stakes, but the case involvingLeigh Rothschild, Starbucks, and attorney Rachael Lamkinhas taken an unusual turn, morphing from a patent infringement lawsuit into allegations of fraud, and now, a defamation battle? from defendants through AT.

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Intellectual Property Lawsuit Defendant Litigator 52

Eric Goldman

FEBRUARY 26, 2025

In other words, the plaintiffs are trying to use venerable legal doctrines to create a common-law notice-and-takedown scheme. Thus, to remedy the alleged defect, Defendants would have to change the content posted on their platforms. Such allegations fail to state a claim under products liability law. Strict Products Liability.

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Court Defendant Failure-to-appear Lawsuit 59

Eric Goldman

MAY 28, 2025

The plaintiff, a fast-fashion vendor operating under the brand Modlily, filed a complaint under seal against 20 defendants, got an ex parte TRO and asset freeze, and rolled to an unopposed preliminary injunction. This started out like every other SAD Scheme case. The flagship precedent in this area is PatmontMotors v.

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Defendant Judge e-filing Court 57

Brett Trout

APRIL 10, 2025

Because patent law isnt just about filling out forms and submitting diagrams. Why Litigation Experience Matters in a Patent Attorney One of the most overlooked but highly valuable assets in a patent attorney is litigation experience specifically, experience arguing patent cases in federal court.

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Litigator Litigation Attorney Intellectual Property 64

Eric Goldman

JANUARY 4, 2024

The plaintiff sued 163 defendants for online marketplace sales and got an ex parte TRO, including Amazon account freezes. After a couple of defendants showed up, the judge denied a TRO extension because of the possible lack of merit in the plaintiff’s infringement allegations. Then, the case fell apart. See ECF No.

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LawSites

JUNE 29, 2022

Today brings news that Gavelytics , a seven-year-old litigation analytics company, is closing its doors effective tomorrow. We earned the loyalty of many of the world’s largest law firms and insurance companies. We patented multiple elements of our technology. The reason, he said, is “a long story.” In 2018, the company raised $3.2

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Analytics Litigator Litigation Judge 98

Clio

APRIL 17, 2025

This is where law firm predictive analytics come to the rescue. By leveraging AI and other technologies, law firms can uncover patterns and trends across vast datasetsturning raw information into actionable insight. What is predictive analytics for law firms?

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Above the Law - Technology

DECEMBER 4, 2023

VoiceScript Ai.Law Elevator Pitch: Provides AI-generated litigation documents, from pleadings to discovery. We are the first AI-driven platform to focus specifically on drafting litigation documents. The substantial amount of time lawyers spend drafting documents during litigation. What makes you unique or innovative?

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Eric Goldman

FEBRUARY 16, 2025

Social Media Adolescent Addiction/Personal Injury Products Liability Litigation , 2024 WL 4532937 (N.D. Combined with prior rulings, in the October 24, 2024 ruling, the court summarizes where the various claims stand: It’s even more complicated, because several of the plaintiffs’ claims are based on state laws.

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CloudNine

MAY 27, 2025

He warned that if data isnt proactively remediated before a litigation event, it will inevitably become part of discovery, leading to exponential costs and risks. The convergence of compliance, technology, and litigation readiness is creating both pressure and possibility. Conclusion The key takeaway?

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Debevoise Data Blog

NOVEMBER 12, 2024

Judge Colleen McMahon of the Southern District of New York dismissed plaintiffs’ suit in its entirety, holding that plaintiffs had no cognizable claim for damages or injunctive relief because they failed at this stage of litigation to demonstrate that they had been harmed in any way by OpenAI’s actions. See, e.g. , Kirk Kara Corp.

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Intellectual Property Defendant Failure-to-appear Litigator 52

Debevoise Data Blog

FEBRUARY 4, 2025

1] The Tremblay plaintiffs, a proposed class of artists and authors, alleged that GPT-4 was trained on datasets containing the plaintiffs copyrighted works, and that the training of GPT-4 directly infringed plaintiffs copyrights and amounted to unfair competition under California law. OpenAI, Inc. cases since last February). [1] OpenAI, Inc.

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Intellectual Property Defendant Court Judge 52

Brett Trout

FEBRUARY 18, 2025

What This Means for Patent Holders Nintendos legal strategy serves as a reminder that securing patent is only half the battle defending those patents is just as crucial. A well-drafted patent can deter infringement before litigation even begins.

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Intellectual Property Lawsuit Litigator Litigation 52

Eric Goldman

OCTOBER 17, 2023

But if you really want Kiwi Farms gone, have you considered using copyright law for its censorial power? The district court dismissed the contributory claim because the defendants didn’t materially contribute to the infringement. The court says the defendants waived any fair use defense by briefing it inadequately.

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Technically Legal

MAY 9, 2024

Studies determined that at least one litigant does not have a lawyer in 75% of civil cases in the United States. The number is even higher when it comes to family law, domestic violence, housing, and small claims matters. But organizations like Oregon’s Commons Law Center are doing something about it.

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Brett Trout

FEBRUARY 5, 2025

They possess the expertise to navigate the complexities of patent law, draft robust claims, and provide detailed descriptions to reduce the likelihood your patent eventually gets thrown out of court for lack of adequate disclosure.

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Court Litigator Litigation Attorney 52

Martindale-Avvo

FEBRUARY 7, 2025

In my last post , I discussed how evolving technology will continue to influence our relationships and thus, impact family law. In response, Baldoni released additional messages in an attempt to defend himself. This is often the case in family law matters. Brandt at www.cozen.com.

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Brett Trout

JANUARY 14, 2025

Consult a patent lawyer to discuss enforcement options, which may include sending a cease-and-desist letter or pursuing litigation. Patent law is intricate, and mistakes in your application can lead to delays or even rejection. If you suspect patent infringement: Gather evidence of the infringement.

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Intellectual Property Legal advice Lawyer Litigator 59

Eric Goldman

MARCH 8, 2024

[These are my rough-draft talk notes from a recent workshop of trademark law professors.] The SAD Scheme involves a trademark owner suing dozens/hundreds of defendants using a sealed complaint, getting an ex parte TRO, and then having the online marketplaces freeze the defendants’ accounts and money.

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Debevoise Data Blog

FEBRUARY 14, 2025

Interestingly, the change in outcome was not due to a change in law or fact rather, as the case proceeded after the initial summary judgment ruling, the court (according to the new opinion) studied the case materials more closely and invited the parties to renew their summary-judgment briefing rather than proceed immediately to trial.

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Court Intellectual Property Defendant Legal research 52

Eric Goldman

MAY 18, 2023

Today was the 2023 Super Bowl of Internet Law at the U.S. FN: I say the 2023 Super Bowl because the Supreme Court necessarily will be taking Internet Law cases every term for the foreseeable future, and each new Internet Law case they take has the capacity to rock our world.] Supreme Court [FN]. Taamneh and Gonzalez v.

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Defendant Court Failure-to-appear Lawsuit 142

Eric Goldman

OCTOBER 5, 2023

Emojico has trademark registrations in the word “emoji” for a ridiculously broad range of product categories–from (I’m not making this up) ship hulls to penis enlargers–and it then licenses the word to product manufacturers and defendants ensnared in its enforcement net. One defendant fought back.

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Legal Talk Network

OCTOBER 31, 2019

In these episodes, they discussed updates in specific areas of law as well as shared upcoming events and programs within their sections. Last and definitely not least, we had the opportunity to catch up with my legal hero Erwin Chemerinsky, the Dean of Berkeley Law, as we discussed his topic presented at the Alexander F.

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Eric Goldman

MARCH 9, 2023

I’m pleased to share a draft of a new paper, “ A SAD New Category of Abusive Intellectual Property Litigation.” This paper explains the scheme, how it bypasses standard legal safeguards, how it’s affected hundreds of thousands of defendants, and how it may have cost the federal courts a quarter-billion dollars.

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Eric Goldman

MAY 27, 2025

The court says that’s not the right standard: Walters has not identified any case holding that a publisher is negligent as a matter of defamation law merely because it knows it can make a mistake, and for good reason. If those disclaimers are sufficient to negate defamation liability, then this litigation genre is moot.

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Lawsuit Court Litigator Litigation 67

Eric Goldman

SEPTEMBER 29, 2024

The defendants sought to overturn the jury verdict. Fair Use Nature of Use “Defendants’ use of the tattoos was clearly commercial.” This was evident with Defendants’ “Create-A-Superstar” feature which enabled a user to take the tattoos and apply them to their own custom wrestler avatar. ” Really?

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Defendant Intellectual Property Court Judge 116

Eric Goldman

FEBRUARY 11, 2024

Instead, citing possibly deprecated law from Goldman v. A liberal interpretation of the Copyright Act, therefore, could open the floodgates to endless litigation. But the defendant no-showed, so all of these concerns go out the window. But the defendant no-showed, so all of these concerns go out the window.

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Defendant Court Litigator Litigation 115

Eric Goldman

SEPTEMBER 10, 2023

” (Technically, the defendants in this case are enumerated on “Exhibit 1” instead of “Schedule A,” but same thing). Plaintiffs allege hundreds of defendants are infringing their trademarks and selling counterfeit goods. For a fuller description of the litigation genre and its problems, see my paper.

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