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Justia Legal Resources: Guide to Lawsuits and the Court Process

Justia Legal Marketing & Technology blog

A section of the Lawyers and the Legal Process Center in the Justia Legal Guides tries to make lawsuits and the court process more accessible to the average person. This allows them to better assert their rights and protect their interests if they end up in litigation. You can seek one type of remedy or a combination.

Lawsuit 157
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Why You Need a Patent Attorney Skilled in Both Prosecution and Litigation

Brett Trout

The real challenge often lies in defending that patent. The key is crafting you patent not only for breadth, but with an eye toward litigation. Patent litigation, on the other hand, comes into play when a patent is challenged or infringed upon. The more you prepare your patent for trial, the less likely you are to end up there.

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Deepfaked Evidence: What Case Law Tells Us About How the Rules of Authenticity Needs to Change

Berkley Technology Law Journal

Generative AI’s (“genAI”) ability to “deepfake” audiovisual evidence presents dual concerns: (1) parties could present deepfaked evidence as real, or (2) parties could challenge real evidence as deepfaked, requiring resources for evidence validation on top of the already lengthy and expensive litigation process. Prosecution objected.

Case law 130
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When a Copyright Owner Gets Only a $1,000 Judgment in Federal Court, They’re the Real Losers–McDermott v. KMC

Eric Goldman

The defendant, Kalita Mukul Creative, ran community-focused newsletters. The defendant published a bio on Sewell and included one of McDermott’s photos–apparently sourced from an unrelated Instagram account (possibly another infringer, or perhaps that account has a fair use defense?). Defendant’s financial benefit.

Court 102
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Using a Contingent Fee Attorney to Avoid the High Cost of Patent Litigation

Brett Trout

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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Amazon Must Defend “Yelp Law” Claim–Ramos v. Amazon

Eric Goldman

is a good law, but a group of plaintiff lawyers are weaponizing it through overly tendentious readings of the law and various TOSes. (A That’s a litigation strategy, I guess. Amazon’s TOS would have benefited from a critical reread to think of how plaintiffs’ lawyers could minsterpret the contract to claim 1670.8

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Judge Rejects SAD Scheme Joinder–Toyota v. Schedule A Defendants

Eric Goldman

Toyota brought a SAD Scheme case against 103 defendants before Judge Daniel in the Northern District of Illinois. If these justifications sound familiar, it’s because these are the generic rotely-made defendant-unspecific allegations that are copied and pasted into most SAD Scheme complaints. Seriously, Toyota? Do better).