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Monthly Archives: July 2013

All of Innovatio’s Claims are Subject to RAND Terms

In re Innovatio IP Ventures, MDL No. 2303, Case No. 11-CV-9308 (N.D. Ill. July 26, 2013)(Holderman)

In an extensive opinion, Judge Holderman determined that every category of claim that Innovatio is asserting is subject to RAND terms.  This dramatically limits the damage that Innovatio can seek.  as, at best, it will be able to license the patents to the device manufacturers, instead of conducting a Lemelson like campaign of licensing each and every user of the technology.

This greatly raises the likelihood that this case is resolved with a simple settlement between Innovatio and the Manufacturers, thereby removing the cloud that had been over many users of wireless technology.

Site B Sues 91 Does in the Northern District

Site B has sued 91 John Doe Defendants in the Northern District of Illinois for allegedly infringing their copyright in the movie “Under the Bed.”

The Case Numbers are 13-5292 and 13-5295.

ISP Subpoena letters are likely to be mailed out in September or early October 2013.

If you are identified by your ISP as a Doe Defendant in a file sharing lawsuit, you may want to review this article, which contains some helpful tips on how to deal with these kinds of suits:

http://ezinearticles.com/?The-5-Steps-You-Need-to-Take-When-You-Receive-an-ISP-Subpoena-Letter&id=7696216

Atty Ad:  The Law Offices of Konrad Sherinian, LLC with offices in Naperville and Chicago, has successfully defended numerous file sharing cases alleging the use of Bit Torrent to copy movies, music, software and other content other the Internet.  Call (630) 318-2606 or (312) 981-5004 today for a free consultation if you have received a subpoena letter from your ISP.

Instinctive Film Sues 57 Does in the Northern District

Instinctive Film GmbH has sued 57 John Doe defendants in the Northern District of Illinois for allegedly infringing their copyright in the movie “Errors of the Human Body”).  The case number is 13-5289.

ISP Subpoena letters are likely to be mailed out in September or early October 2013.

If you are identified by your ISP as a Doe Defendant in a file sharing lawsuit, you may want to review this article, which contains some helpful tips on how to deal with these kinds of suits:

http://ezinearticles.com/?The-5-Steps-You-Need-to-Take-When-You-Receive-an-ISP-Subpoena-Letter&id=7696216

Atty Ad:  The Law Offices of Konrad Sherinian, LLC with offices in Naperville and Chicago, has successfully defended numerous file sharing cases alleging the use of Bit Torrent to copy movies, music, software and other content other the Internet.  Call (630) 318-2606 or (312) 981-5004 today for a free consultation if you have received a subpoena letter from your ISP.

Illinois IP Litigation Hits 5000 Views

Illinois IP Litigation Hits 5000 Views

The Stats

Motion to Dismiss Granted in Correction of Inventorship Counterclaim

Robert Bosch v. Trico Products, Case No. 12-437 (N.D. Ill. July 24, 2013)(Grady)

Bosch sued Trico for patent infringement, and Trico counterclaimed to correct the inventorship of several patents based on a disclosure of two individuals to Bosch in Germany.  In its counterclaim, Trico joined Bosch Gmbh (the parent company of Bosch of America).  Bosch Gmbh then filed a motion to dismiss Trico’s correction of inventorship claims based on lack of personal jurisdiction and failure to state a claim.  The court denied Bosch Gmbh’s motion based on lack of personal jurisdiction, but allowed Bosch Gmbh’s motion based on failure to state a claim.

With regards to personal jurisdiction, the Court noted that under Rule 4(k), where jurisdiction in the United States is appropriate, but personal jurisdiction is not available in any particular state, personal jurisdiction in any state is appropriate.  The Court further noted that contact with the United States was established by Bosch Gmbh’s filing for a patent.

With regards to failure to state a claim, the Court noted that Bosch Gmbh had assigned the patents to Bosch of America, and accordingly had no economic interest in the case.

Early Discovery Allowed in Northern District Mass Doe Case

The Bicycle Peddler LLC v. Does 1-12, Case No. 13-2372 (N.D. Ill. July 9, 2013)(Tharp)

Citing the inherently cooperative nature of BitTorrent, Judge Tharp has allowed TCYK to obtain early discovery in case no. 13-2372.  In particular, Judge Tharp acknowledged that Does that participate in a single swarm simultaneously are subject to joinder in almost all courts that have examined the issue.  However, Judge Tharp went farther, and determined that Does that participate in the same swarm at different times can be joined in a single lawsuit at least in the early phases of that suit.  ISP subpoena letters are likely arriving now for Chicago area Does that are identified by their ISPs with regards to this case.

If you are identified by your ISP as a Doe Defendant in a file sharing lawsuit, you may want to review this article, which contains some helpful tips on how to deal with these kinds of suits:

http://ezinearticles.com/?The-5-Steps-You-Need-to-Take-When-You-Receive-an-ISP-Subpoena-Letter&id=7696216

Atty Ad:  The Law Offices of Konrad Sherinian, LLC with offices in Naperville and Chicago, has successfully defended numerous file sharing cases alleging the use of Bit Torrent to copy movies, music, software and other content other the Internet.  Call (630) 318-2606 or (312) 981-5004 today for a free consultation if you have received a subpoena letter from your ISP.

Malibu Media Files 11 New Single Doe Cases in Northern District

Malibu Media has filed 11 new single Doe cases in the Northern District of Illinois.  The case Numbers and their IP Addresses are listed below:

Case No. 13-4959 / IP Addr. 205.178.22.46

Case No. 13-4963 / IP Addr. 205.178.38.95

Case No. 13-4968 / IP Addr. 24.1.0.48

Case No. 13-4970 / IP Addr. 24.1.123.117

Case No. 13-4971 / IP Addr. 24.13.203.11

Case No. 13-4975 / IP Addr. 24.14.136.71

Case No. 13-4978 / IP Addr. 24.178.70.50

Case No. 13-4980 / IP Addr. 50.148.52.216

Case No. 13-4981 / IP Addr. 71.239.191.193

Case No. 13-4982 / IP Addr. 98.206.108.108

Case No. 3:13-50222 / IP Addr. 67.184.160.7

If you are identified by your ISP as a Doe Defendant in a file sharing lawsuit, you may want to review this article, which contains some helpful tips on how to deal with these kinds of suits:

http://ezinearticles.com/?The-5-Steps-You-Need-to-Take-When-You-Receive-an-ISP-Subpoena-Letter&id=7696216

Atty Ad:  The Law Offices of Konrad Sherinian, LLC with offices in Naperville and Chicago, has successfully defended numerous file sharing cases alleging the use of Bit Torrent to copy movies, music, software and other content other the Internet.  Call (630) 318-2606 or (312) 981-5004 today for a free consultation if you have received a subpoena letter from your ISP.