«However, this case is still important since an outsized damages award in Apple's favor could encourage other design patent holders to sue
alleged infringers for huge amounts of money.»
Not exact matches
The lawsuit doesn't specify if the
alleged infringers were aided by one particular Wiley title, BitTorrent
For Dummies.
You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable
for any damages, including, without limitation, costs and attorneys» fees, incurred by us or the
alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
You acknowledge that, where permitted by law, PetSmart Charities may charge a fee
for forwarding or attempting to forward your notice to the
alleged infringer, and
for performing any of its other obligations related to the
alleged infringement as specified in the Copyright Act.
The oft - used cease and desist letter («C&D letter») may have significant implications
for both intellectual property («IP») owner and
alleged infringer alike.
Up until February, no one knew that Rick Frenkel, an in - house lawyer at Cisco by day, was also the anonymous blogger behind the controversial Patent Troll Tracker site, where he regularly outed companies (and their lawyers) that he considered to be patent trolls — a pejorative term
for one who enforces his or her patents against
alleged infringers in a manner considered unduly aggressive or opportunistic.
Design patent disputes can just be settled case by case (
for example, with the
alleged infringer agreeing to make certain modifications).
You may award compensatory damages only
for the loss that [the patent holder] proves was more likely than not caused by [the
alleged infringer]'s infringement.
You should not award damages
for any infringement by [the
alleged infringer] occurring before it first received notice of the [XXX] patent.
It would also make it easier
for small businesses to engage with
alleged infringers.
A trademark owner must prove three things on a motion
for an interlocutory injunction: (i) that its allegations raise a «serious issue» of infringement; (ii) that the harm caused by the infringement if it continues until trial would be «irreparable»; and (iii) that the balance of convenience favours granting an interlocutory injunction e.g. awarding an injunction would not cause any undue inconvenience to the
alleged infringer.
On the other hand, US patent holders can sue Canadian firms
for infringement in any jurisdiction, allowing the patent holders to select venues they believe to be the most friendly to them (and biased against
alleged infringers).
Supreme Court Decisions Increase Risks
for Patent Owners &
Alleged Infringers - Intellectual Property Update
You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable
for any damages, including costs and attorneys» fees, incurred by us or the
alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
In sum, without the defense of laches, patent owners can sit and wait
for time to destroy the evidence an
alleged infringer needs to defend herself.
This legislation is intended to reduce litigation by «patent trolls» by making them liable
for alleged infringers» court costs and attorneys» fees if their patents are found invalid or not infringed.