Patent Litigation, Hague Convention, Patent Infringement

Don’t Hit Send: Judge Rochon Denies Motion for Alternative Service via Email

Patterson Belknap Webb & Tyler LLP on 10/8/2024

On September 24, 2024, District Judge Jennifer L. Rochon (S.D.N.Y) denied Plaintiff Square One Choices, Inc. (“SOC”)’s Motion for Alternative Service because SOC failed to show that the Hague Convention permits service by...more

Look Before You Jump: Judge Ho Rules Hague Convention Applies Where Plaintiff Was Not "Reasonably Diligent" in Finding Defendants'...

Patterson Belknap Webb & Tyler LLP on 7/3/2024

On June 17, 2024, United States District Court Judge Dale E. Ho ruled on several motions related to Plaintiff Spin Master, Ltd.’s service of process on Defendants Leqiong, Monkki, Onecemore, Chenghai Lucky Boy Toys Co., Ltd....more

Discretion to Authorize Hague Alternative Service on Foreign Defendant—it’s All About Time and Cost

McDermott Will & Emery on 9/23/2021

The US Court of Appeals for the Federal Circuit denied a petition for a writ of mandamus, directing the US District Court for the Western District of Texas to dismiss multiple infringement actions for insufficient service of...more

District Court Issues Sanctions for Patent Owner’s Shapeshifting Arguments at the PTAB

Jones Day on 10/30/2020

Although infrequently awarded, district courts are empowered to issue sanctions for behavior at the PTAB that they deem “exceptional” under Octane Fitness. In Game and Technology Co., Ltd. v. Wargaming Group Limited,...more

Request for Letters Rogatory Denied Due to Tardiness and Likely Delay to Trial Date

Akin Gump Strauss Hauer & Feld LLP on 12/9/2019

Chief Judge Gilstrap of the Eastern District of Texas has denied a motion seeking foreign discovery from a third party pursuant to the Hague Convention, holding that the movant waited too long to seek such discovery. The...more

Hague Judgments Convention: IP judgments still hang in the balance

Hogan Lovells on 12/11/2017

Last month the November 2017 draft Hague Judgments Convention was published by the Hague Conference Special Commission following the third meeting of the Special Commission in the Hague between the 13th and 17th of November....more

Discovery From Foreign Affiliate Is Denied

Morris James LLP on 9/14/2016

Plaintiff seeks core technical documents regarding certain accused products that are in the possession of defendant’s foreign affiliates. He court finds that plaintiff has not demonstrated defendant’s control over the...more

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