IPWatchdog.com is in the process of transitioning to a newer version of our website. Please be patient with us while we work out all the kinks.

Posts Tagged: "rico"

CAFC Affirms Ruling that Patent Owner Engaged in Abusive Litigation Tactics Against IBM, SAP and JP Morgan Chase

The U.S. Court of Appeals for the Federal Circuit (CAFC) on March 1 affirmed a district court’s decision that a patent owner’s “scandalous and baseless allegations” against IBM, SAP America, Inc. (“SAP”) and JP Morgan Chase (“Chase”) warranted monetary sanctions. The CAFC decision also noted that patent infringement is not a predicate act for purposes of the Racketeer Influenced and Corrupt Organizations Act (RICO) and that “redundant, immaterial, impertinent or scandalous” matter may be stricken from the record as a lesser, alternate sanction to monetary sanctions.”

Jerk.com: Who to Contact to Get Removed

Jerk.com isn’t the worst website on the Internet by a long shot, but the arrogance with which the site is operated and seems to flagrantly disregard copyright laws is astounding. If you are going to use a DMCA Takedown Notice you should be certain that you are the copyright owner. If you are in the picture that Jerk.com uses the copyright owner would be the photographer unless you specifically obtained the underlying copyrights by assignment. So the person who should send the DMCA Takedown Notice is the copyright owner. Alternatively, have the person who took the copyright assign any and all copyrights to you before you send the DMCA Takedown Notice. This can easily be achieved by a basic copyright assignment.

Indicia of Extortion – Federal Circuit Slams Patent Troll

It was also determined that the underlying patent litigation was brought for no other reason than to extract nuisance payments despite the fact that there was no infringement. Specifically, the district court determined that Eon-Net filed the lawsuit against Flagstar had “indicia of extortion” because it was part of Eon-Net’s history of filing nearly identical patent infringement complaints against a plethora of diverse defendants, where Eon-Net followed each filing with a demand for a quick settlement at a price far lower than the cost to defend the litigation.