Eric Goldman

APRIL 11, 2025

Pandabuy initially no-showed in the case, so the court converted the TRO to a preliminary injunction. Pandabuy eventually showed up in court and explained how it operates more like a passive facilitator than a seller or manufacturer. This additional context prompted the court to dissolve the injunction. SAD Scheme Cases Suck.

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Defendant Court Judge Lawsuit 52

Trellis.Law Blog

JULY 31, 2024

Since 1985, the firm has defended corporate clients in high-exposure and technically intricate lawsuits… Continue reading → The post Deep Trellis State Court Capabilities Help Bowman and Brooke Track Trends and Defend Mass Tort Litigation in State Courts first appeared on Trellis.Law Blog.

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Defendant Court Litigator Litigation 100

Eric Goldman

MARCH 28, 2025

Last year, the Ninth Circuit said that plaintiffs could get around Section 230 in their lawsuit against the app maker YOLO because the app maker said it would ban users for inappropriate statements and would unmask harassers. The court disagrees. This opinion raised numerous Section 230 jurisprudential issues. ” What?

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Defendant Lawsuit Court Judge 83

Justia Legal Marketing & Technology blog

AUGUST 13, 2024

When a victim suffers preventable harm, they usually can bring a claim or lawsuit for compensation. This means that a plaintiff will need to prove four main elements: a duty of care owed by the defendant to the plaintiff, a breach of that duty, causation , and damages. Many of these events could have been foreseen and avoided.

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Workers Compensation Defendant Law Law 264

Martindale-Avvo

FEBRUARY 7, 2025

However, unlike phone calls, text messages leave a written record that can later be reviewed, and, in some cases, used as evidence in court. We have all heard about the lawsuit involving Blake Lively and Justin Baldoni. In response, Baldoni released additional messages in an attempt to defend himself. Brandt at www.cozen.com.

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Court Attorney Defendant Lawsuit 64

Eric Goldman

DECEMBER 4, 2023

In the lawsuit I’m covering today, Roblox named over 250 defendants. If that’s true with the other 18 cases, Roblox may have sued 4,000+ defendants using the SAD Scheme. Hierl was the lead counsel on the Emojico case I opined on in 2021.] * * * Jurisdiction The defendant Bigfinz sells t-shirts. at issue here.

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Defendant Judge Lawsuit Court 116

Eric Goldman

FEBRUARY 26, 2025

This lawsuit purports to focuses on the allegedly defective operation of the services’ reporting tools, but the plaintiffs’ goal was to hold the services accountable for their alleged inaction in response to some reports. The court dismisses the case entirely with leave to amend. This doctrinal move doesn’t work.

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Court Defendant Failure-to-appear Lawsuit 59

Eric Goldman

JULY 14, 2023

This long-running lawsuit started in 2019. When I first blogged this case in January 2021, I wrote: This lawsuit, like many others before it, claims that UGC services like YouTube commit illegal discrimination based on how they moderate content. Elenis Supreme Court ruling, but I wonder how it might apply to this case.

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Lawsuit Court Machine learning Defendant 98

Brett Trout

FEBRUARY 19, 2025

The real challenge often lies in defending that patent. The goal is for competitors to look at your patent and decide they would rather stay out of your market or pay you a licensing fee than try to fight your patent in court. This involves lawsuits, settlements, and sometimes courtroom battles.

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Litigator Litigation Intellectual Property Attorney 59

Brett Trout

MARCH 5, 2025

While AI promises efficiency and cost savings, a recent case in the United States District Court for the District of Wyoming serves as a stark reminder of the dangers of including unverified AI-generated content in court filings. The court discovered that eight of those cases did not exist. Walmart Inc. &

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Court e-filing Intellectual Property Legal research 59

Eric Goldman

DECEMBER 12, 2023

Every SAD Scheme lawsuit is problematic, though the specific reasons may differ. Each lawsuit creates dozens or hundreds of individual dramas, few of which receive any public scrutiny, and usually comes at the cost of due process and the rule of law. As usual, the Schedule A provides threadbare information about each defendant.

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Defendant Lawsuit Judge Court 96

Eric Goldman

JULY 21, 2024

Recapping a couple of doomed-from-inception lawsuits. “A defendant does not “use” a plaintiff’s mark to [infringe] when the defendant merely provides a search engine service that allows third parties to search using the plaintiff’s mark. The court cites to Hassell v. Benedict v. ” Defamation. .

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Lawsuit Failure-to-appear Defendant Court 98

Eric Goldman

OCTOBER 5, 2023

Emojico has trademark registrations in the word “emoji” for a ridiculously broad range of product categories–from (I’m not making this up) ship hulls to penis enlargers–and it then licenses the word to product manufacturers and defendants ensnared in its enforcement net. One defendant fought back.

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Court Defendant Judge Lawsuit 133

Brett Trout

FEBRUARY 11, 2025

Brett Trout Patent litigation is often complex and high-stakes, but the case involvingLeigh Rothschild, Starbucks, and attorney Rachael Lamkinhas taken an unusual turn, morphing from a patent infringement lawsuit into allegations of fraud, and now, a defamation battle? from defendants through AT.

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Intellectual Property Lawsuit Defendant Litigator 52

Eric Goldman

APRIL 28, 2024

299 limits joinder in patent cases to defendants who infringe using “the same accused product or process.” ” Congress enacted this requirement to restrict patent trolls who were filing lawsuits against defendants who had nothing in common but the allegation that they were infringing the same patent.

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Defendant Judge Lawsuit Court 98

Eric Goldman

MAY 31, 2024

Microsoft’s filings made some unredacted disclosures about Medina that were repeated in an unredacted court opinion, and those documents appeared on several websites that publish court documents. He then sued the court document repository websites (and other defendants) for defamation, false advertising, and more.

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Court Defendant Lawsuit Legal research 105

Clio

DECEMBER 18, 2024

Unlike legal briefs , case briefs are not submitted to the court or opposing counsel. Some basic elements of a case brief include summaries of the facts, procedural history, the main legal issue of the case, and the courts holding. However, there are other essential steps in writing a useful case brief.

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Court Judge Attorney Defendant 96

Eric Goldman

JANUARY 4, 2024

The plaintiff sued 163 defendants for online marketplace sales and got an ex parte TRO, including Amazon account freezes. After a couple of defendants showed up, the judge denied a TRO extension because of the possible lack of merit in the plaintiff’s infringement allegations. Then, the case fell apart. Proximate Damage.

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Defendant Judge e-filing Lawsuit 98

LawSites

DECEMBER 1, 2021

The pandemic caused civil courts in the United States to adopt technology at an unprecedented pace and scale, improving participation in court proceedings and helping users resolve disputes more efficiently. Pew researchers examined pandemic-related emergency orders issued by the supreme courts of all 50 states and Washington, D.C.

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Court e-filing Notary Hearing 132

Eric Goldman

SEPTEMBER 28, 2024

The plaintiff claims that the defendant company is engaging in a form of corporate identity theft, trading on its license number, and that Angi promoted the interloper as a certified contractor without doing proper verification. Angi unsuccessfully defends on Section 230 grounds. It matches contractors with homeowners.

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Lawsuit Failure-to-appear Defendant Court 105

Justia Legal Marketing & Technology blog

SEPTEMBER 29, 2023

If this happens, a consumer might be able to pursue a claim in court. They can bring a civil lawsuit against whoever was responsible for the improper practice, seeking the damages that they sustained as a result. When the damages are relatively limited, a consumer might consider pursuing action in small claims court.

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Mediator Dispute resolution Law Law 244

Debevoise Data Blog

JANUARY 13, 2025

The past year was marked by many more filed cases than decisions, and those decisions that were issued largely demonstrated how well-known pitfalls will also hamper this new wave of AI lawsuits. 1] Proving Defendants Use of Training Data Inputs. In Millette v. OpenAI, Inc.,

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Litigator Litigation Intellectual Property Defendant 52

Eric Goldman

AUGUST 27, 2024

I believe that’s because the court and parties are battling over redactions. Plaintiff further alleges that Defendants knew they were collecting biometric data from Illinois citizens, including children, in violation of Illinois state law.” The court shrugs its shoulders. ” Amazon also invoked Section 230.

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Lawsuit Defendant Court State law 98

Eric Goldman

APRIL 3, 2024

The US government brought a civil lawsuit against the defendants for 203 violations. A reminder that if the US government had prosecuted the defendants for violating the Clean Air Act, Section 230 would have been irrelevant (it doesn’t apply to federal criminal prosecutions). The defendants sell this hardware.

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Lawsuit Defendant Court Software 98

Brett Trout

APRIL 10, 2025

Why Litigation Experience Matters in a Patent Attorney One of the most overlooked but highly valuable assets in a patent attorney is litigation experience specifically, experience arguing patent cases in federal court. It could be the difference between owning IP that looks good on paper and IP that actually protects your market.

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Litigator Litigation Attorney Intellectual Property 64

Justia Legal Marketing & Technology blog

DECEMBER 27, 2024

A class action is a type of lawsuit in which many consumers (or other types of plaintiffs) can pursue compensation from the same defendant after suffering the same or similar harm. However, a lawsuit must meet certain criteria provided by rules of civil procedure to get certified as a class action.

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Bankruptcy Law Law Lawsuit 264

Eric Goldman

MARCH 9, 2023

” The abstract: This paper describes a sophisticated but underreported system of mass-defendant intellectual property litigation called the “Schedule A Defendants Scheme” (the “SAD Scheme”), which occurs most frequently in the Northern District of Illinois as a way to target Chinese online marketplace vendors.

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Intellectual Property Lawsuit Defendant Judge 105

Brett Trout

FEBRUARY 18, 2025

Recently, the companys aggressive enforcement of its intellectual property (IP) has taken center stage, with high-profile lawsuits targeting game modders, emulator developers, and companies like Pocketpair, the creators of Palworld. The lawsuit seeks damages and an injunction against the games continued distribution?

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Intellectual Property Lawsuit Litigator Litigation 52

Eric Goldman

DECEMBER 10, 2023

.” For reasons unclear to me, the plaintiff thought it would be a good idea to sue Amazon over its competitors’ alleged misdeeds, going so far to breathlessly issue a press release that it had “filed a $500 million lawsuit against tech giant Amazon.” Cites to McCarthy v. Amazon , Ratermann v. Pierre Fabre , Eberhart v.

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Lawsuit Defendant Failure-to-appear Court 95

CaseFox

APRIL 13, 2023

Personal injury claims are lawsuits filed by individuals who have been injured due to the negligence or intentional actions of another person or entity. However, not all personal injury claims are successful in court. Here are the top reasons why personal injury claims fail in court.

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Court Defendant Lawsuit Attorney 98

Eric Goldman

FEBRUARY 16, 2025

At this point, I’ve not paid close attention to the proceedings because everything at the district court level is a rehearsal for the inevitable appellate court review. A reminder: this lawsuit is a battle royale. I’m sure the appellate court will be eager to docket this one.

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Defendant Court Litigator Litigation 59

Eric Goldman

MAY 7, 2025

The defendant Nivoda is an online retailer[FN] that displays how its prices are discounted compared to the Rapaport prices (see screenshot). ”] This lawsuits raises one of the venerable but surprisingly vexing copyright law questions: when is a price copyrightable? Note: the court surely meant Nivoda, not Rapaport.

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Lawsuit Defendant Judge Court 52

Eric Goldman

MARCH 4, 2025

The court says that Viral DRM’s exclusive “management” rights is not the same as ownership or an exclusive license to the copyright. The court says that Viral DRM doesn’t have standing to enforce the copyright. Schedule A Defendants Judge Rejects SAD Scheme JoinderToyota v. Seven West Media Ltd.,

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Defendant Judge Lawsuit Court 52

Eric Goldman

MAY 18, 2023

Supreme Court [FN]. Twitter won its decision unanimously, and the Supreme Court per curiam punted the Google case back to the 9th Circuit with the clear message that the plaintiffs should lose. The Supreme Court says that the term “aiding and abetting” in the statute should be interpreted using the common law.

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Defendant Court Failure-to-appear Lawsuit 142

Eric Goldman

MARCH 6, 2024

Tomelleri (who has appeared on this blog before ) illustrates fishes (see court exhibit on the right). If that rings a bell, it’s because just yesterday I blogged on a DIFFERENT fish painter, DeYoung, who also brought an IP lawsuit against a print-on-demand service (Pixels). The supervising judge agrees. Volitional Conduct.

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Defendant Judge Lawsuit Court 119

Brett Trout

FEBRUARY 5, 2025

Brett Trout In a recent decision by the Court of Appeal of the Unified Patent Court (CoA) dated December 20, 2024, the court underscored the critical importance of precise patent drafting. The case involved Alexion Pharmaceuticals, Inc., which faced significant challenges to its patent due to inaccuracies in its patent claims.

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Court Litigator Litigation Lawsuit 52

Eric Goldman

APRIL 12, 2025

The court is unclear about how Joybuy operates, but it appears that Joybuy (via the entity JD) runs its own online marketplace. The court says that Joybuy sufficiently established that it ran its own online marketplace and thus qualified as a service provider.

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