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Justia Legal Resources: Guide to Lawsuits and the Court Process

Justia Legal Marketing & Technology blog

If youre considering bringing a lawsuit, or if youve been sued by someone else, you may come across a lot of unfamiliar terms and concepts. 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.

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Mess Around and Find Out: Why Choosing the Right Patent Litigator Matters

Brett Trout

Amazon , where Xiaohua Huang, a pro se litigant, attempted to enforce his patents against Amazon. Huangs case was dismissed because the lawsuit he filed lacked the required specificity, failed to identify particular infringing products, and contained vague, conclusory allegations. Contact us today for a free consultation.

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

Brett Trout

The key is crafting you patent not only for breadth, but with an eye toward litigation. Understanding Patent Prosecution vs. Litigation Patent prosecution involves the process of drafting, filing, and negotiating with the United States Patent and Trademark Office (USPTO) to obtain a valid patent.

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Nike vs. Lululemon: The Battle Over Flyknit Technology

Brett Trout

Although the case was just settled, this lawsuit was not Nikes first foray into patent infringement litigationnor is it likely to be its last. In its lawsuit, Nike sought both damages and a permanent injunction to stop Lululemon from producing the allegedly infringing designs. The lawsuit was settled in 2021.

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

Brett Trout

Even for smaller cases, where the damages are less than $1 million, the patent litigation costs average $700,000. While a contingent fee arrangement does not cover third-party costs such as expert witness fees, they cover attorneys fees which typically make up the vast majority of litigation costs. What Is a Contingent Fee Structure?

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Data Literacy: A Critical Skill for Legal Professionals

Colin S. Levy

Leveraging Litigation Analytics Litigation is data-intensive, and making sense of this data is crucial for managing risks effectively. GCs and their teams should begin by gathering and analyzing historical litigation data, not as a one-time exercise but as an ongoing practice.

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Can Your Patent Lawyer Be Too Aggressive?

Brett Trout

In the intricate realm of patent litigation, the choice of legal representation can significantly influence the outcome of a case. While you want your patent lawyer to zealously represent your interests in court, having a lawyer who is too aggressive can backfire spectacularly. Brett Trout In a word, yes.

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