Posts Tagged: "courts"

Sanctions Imperative When False Statements are the Basis for a Lawsuit

For better or worse, anyone can be sued for any reason—even reasons that are completely fictitious and based on allegations that are entirely false. Several cases have recently caused me to ask a simple question: Can something actually be evidence if it is false? I’ve had a few people respond, some thoughtful and others intentionally dense. “Of course, something that is false is evidence,” one person recently told me. “It is up to the trier of fact to determine what is false, and that which is false is clearly evidence to be considered.”

Don’t Do That: Judges Share Their Courtroom Pet Peeves

This year’s IPWatchdog LIVE meeting featured more than 30 panels and keynote or featured luncheon speakers, several of which we reported on here. But as the name implies, much of the action at IPWatchdog LIVE is meant only for the eyes and ears of those who attend in person, and that was the case with the judges’ panel, which included several high-profile retired and sitting judges responsible for hearing intellectual property cases across a range of venues. While their substantive discussion was off the record, some of the judges agreed to share their thoughts on the most irritating behaviors that parties have displayed in their courtrooms—along with their advice on how to avoid grinding their gears. Here is what they had to say.

India Gives Birth to IP Division in Delhi High Court

In India, a similar administrative adjudicatory body to the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO), called the Intellectual Property Appellate Board (IPAB), was constituted by a Gazette notification of the Central Government in the Ministry of Commerce and Industry on September 15, 2003…. However, the IPAB was eradicated by the Central Government of India by way of the Tribunals Reforms (Rationalization and Conditions of Service) Ordinance, 2021, published in the Gazette of India on April 4, 2021…. To address the backlog and growing number of cases, the Delhi High Court, on the recommendations of a two-member judge committee, recently announced the creation of the Intellectual Property Division (IPD) in a press release titled “Creation Of Intellectual Property Division in the Delhi High Court.”

Navigating Court and USPTO Practices During the COVID-19 Crisis: Tips for Practitioners and Litigants

In the past week, the COVID-19 pandemic has led courts across the country to close buildings, postpone hearings, adjust filing rules, and revamp their typical approach to pending cases. These changes have created new uncertainties for litigants and their counsel in cases requiring emergency relief, but our initial survey of public statements and emerging practices from leading courts around the country provide some reassurance that courts are mostly continuing to function normally, with changes to filing procedures and arguments being heard by phone.

The Newest Patent ‘Rocket-Docket’: Waco, Texas

Marshall, Texas has been, and will likely continue to be, one of the major patent litigation cities in the United States. But, Waco, Texas is quickly becoming the new mecca for patent infringement lawsuits due to recent case law and the arrival of a patent-savvy district judge. In the world of patent litigation, we all know Marshall, Texas. The Eastern District of Texas—which includes the Marshall Division—is known to be one of the largest as far as numbers of patent litigation lawsuit filings in the U.S. The economic impact on the region has been significant, as service industries such as hotels, temporary offices, restaurants and catering companies grew to serve the regular flow of litigators and their clients coming to Marshall for hearings and trials from around the country. Several national and regional law firms specializing in patent litigation opened satellite offices in and around Marshall to serve their frequent needs for access to the busy courthouse.