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. Seriously, Roblox?

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Defendant Judge Lawsuit Court 116

Above the Law - Technology

MARCH 27, 2024

As I reported yesterday, the plaintiff in the New York case, Silvia Diaz-Roa , filed the lawsuit against Hermes Law , a Texas law firm, and ClaimDeck , a litigation management system for insurers and insurance-defense firms that spun out of Hermes Law. “It is my understanding Ms.

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Lawsuit Legal tech Legal tech Defendant 289

Above the Law - Technology

MARCH 21, 2024

Ai.law , a legal technology startup that uses artificial intelligence to generate litigation documents, has added a new module that will draft the complaint to initiate a lawsuit. Defendant’s misgivings, meaning any facts that might demonstrate the defendant’s lack of character or empathy. The relief sought.

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Lawsuit Legal tech Legal tech Defendant 315

Brett Trout

MARCH 11, 2025

Nikes History of Defending Its Patents Nike is no stranger to intellectual property lawsuits. The judgment also signals to competitors that Nike will aggressively defend its intellectual property, regardless of the cost or the lack of patent infringement damages.

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Intellectual Property Lawsuit Defendant Litigator 90

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.

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Litigator Litigation Attorney Intellectual Property 64

Berkley Technology Law Journal

APRIL 18, 2025

Until this course of litigation is resolved, the parties remain categorically opposed: defendants seek to maximize the training data available to their algorithms, while plaintiffs livelihood depends on exclusive ownership and control of their IP.

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Intellectual Property Failure-to-appear Defendant Compliance 130

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

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. See ECF No.

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Defendant Judge Lawsuit e-filing 98

Justia Legal Marketing & Technology blog

MAY 4, 2023

Under the Federal Rules of Civil Procedure , a court may grant summary judgment to a litigant when “there is no genuine dispute as to any material fact, and the movant is entitled to judgment as a matter of law.” Stability AI , three artists are pursuing infringement claims against the AI company Stability AI and other defendants in the U.S.

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Lawsuit Intellectual Property Court Defendant 246

lennyesq

DECEMBER 24, 2024

” The case is still being litigated. But in its order, the Fifth Circuit said that “the government has made a strong showing that it is likely to succeed on the merits in defending CTA’s constitutionality.” 27 “to ensure that regulated entities can be made aware of their obligation to comply before Jan.

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Defendant Court Litigator Litigation 75

LawSites

JUNE 29, 2022

Today brings news that Gavelytics , a seven-year-old litigation analytics company, is closing its doors effective tomorrow. We built things never before built and answered litigation-related questions never before answerable. The hardest stories I have to report are the ones about legal tech startups that are forced to shut down.

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Analytics Litigator Litigation Judge 98

Eric Goldman

FEBRUARY 16, 2025

Social Media Adolescent Addiction/Personal Injury Products Liability Litigation , 2024 WL 4532937 (N.D. Social Media Adolescent Addiction/Personal Injury Products Liability Litigation , 4:22-md-03047-YGR (N.D. Social Media Adolescent Addiction/Personal Injury Products Liability Litigation, 2024 WL 4719068 (N.D.

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Defendant Court Litigator Litigation 59

Debevoise Data Blog

NOVEMBER 12, 2024

Judge Colleen McMahon of the Southern District of New York dismissed plaintiffs’ suit in its entirety, holding that plaintiffs had no cognizable claim for damages or injunctive relief because they failed at this stage of litigation to demonstrate that they had been harmed in any way by OpenAI’s actions. See, e.g. , Kirk Kara Corp.

Intellectual Property 52

Intellectual Property Defendant Failure-to-appear Litigator 52

Liquid Litigation Management, Inc.

SEPTEMBER 25, 2018

While it is common to hear about large corporate defendants being sanctioned in huge products liability cases for not properly disclosing information, an individual plaintiff being sanctioned for the same offense is far less common. She is a sophisticated plaintiff, and she is a representative plaintiff in this litigation.

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Defendant Litigator Litigation Judge 52

Debevoise Data Blog

FEBRUARY 4, 2025

Defendants denied the allegations and stated that to the extent any copying of copyrighted works occurred, that copying constituted fair use. [2] Defendants Answer to First Consolidated Amended Complaint, (N.D. OpenAI, Inc. cases since last February). [1] OpenAI, Inc. OpenAI, Inc. Stipulation and Order Consolidating Cases (N.D.

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Intellectual Property Defendant Court Judge 52

Eric Goldman

FEBRUARY 26, 2025

However, the court says that’s essentially a doctrinal bait-and-switch: plaintiffs actually object “to Defendants’ decisions, after receiving Plaintiffs’ reports, to remove or not remove certain videos; [not] to the functionality of the reporting tool itself.” removal of the reported videos. .” Negligence.

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Court Defendant Failure-to-appear Lawsuit 59

Brett Trout

FEBRUARY 18, 2025

What This Means for Patent Holders Nintendos legal strategy serves as a reminder that securing patent is only half the battle defending those patents is just as crucial. A well-drafted patent can deter infringement before litigation even begins.

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Intellectual Property Lawsuit Litigator Litigation 52

Justia Legal Marketing & Technology blog

SEPTEMBER 29, 2023

This allows a large number of consumers who have suffered the same type of harm caused by the same defendant to pursue their claims as a group. In some cases, a consumer might resort to alternative dispute resolution , rather than litigation. Either arbitration or mediation may be faster and less expensive than litigation.

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Mediator Dispute resolution Law Law 244

Brett Trout

FEBRUARY 5, 2025

This latest decision by the UPC’s serves as a stark reminder of the consequences of inadequate patent drafting and the essential role of qualified patent attorneys in securing and defending your innovations.

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Court Litigator Litigation Lawsuit 52

Debevoise Data Blog

FEBRUARY 14, 2025

Defendants could have more success on the first fair use factor, purpose and character, in the context of a generative AI model. Generative AI defendants have argued that their models have very different characters and purposes than the data on which theyre trained. To subscribe to the Data Blog, please click here.

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Court Intellectual Property Defendant Legal research 52

Eric Goldman

MARCH 8, 2024

The SAD Scheme involves a trademark owner suing dozens/hundreds of defendants using a sealed complaint, getting an ex parte TRO, and then having the online marketplaces freeze the defendants’ accounts and money. Schedule A Defendants Why Online Marketplaces Don’t Do More to Combat the SAD Scheme–Squishmallows v.

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Defendant Judge Failure-to-appear Court 111

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

JANUARY 14, 2025

Consult a patent lawyer to discuss enforcement options, which may include sending a cease-and-desist letter or pursuing litigation. To find a quality patent lawyer who can help you protect your invention look for an experienced lawyer with years of experience not only drafting patents, but it defending those patents in court.

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Intellectual Property Legal advice Lawyer Litigator 59

Eric Goldman

MARCH 9, 2023

I’m pleased to share a draft of a new paper, “ A SAD New Category of Abusive Intellectual Property Litigation.” This paper explains the scheme, how it bypasses standard legal safeguards, how it’s affected hundreds of thousands of defendants, and how it may have cost the federal courts a quarter-billion dollars.

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Intellectual Property Lawsuit Defendant Judge 105

Eric Goldman

SEPTEMBER 29, 2024

The defendants sought to overturn the jury verdict. Fair Use Nature of Use “Defendants’ use of the tattoos was clearly commercial.” This was evident with Defendants’ “Create-A-Superstar” feature which enabled a user to take the tattoos and apply them to their own custom wrestler avatar. ” Really?

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Defendant Intellectual Property Court Judge 116

Eric Goldman

MAY 18, 2023

” [FN: the factors are: (1) “the nature of the act assisted,” (2) the “amount of assistance” provided, (3) whether the defendant was “present at the time” of the principal tort, (4) the defendant’s “relation to the tortious actor,” (5) the “defendant’s state of mind,” and (6) the “duration of the assistance” given.

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Defendant Court Failure-to-appear Lawsuit 142

Clio

APRIL 17, 2025

Predictive analytics can also guide whether to settle or proceed to court on a file based on analysis of past settlements, litigation costs, and opposing counsels behavior. How does predictive analytics work in litigation? Predictive analytics can be used at all stages of litigation.

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Analytics Law firm Law Law 52

Martindale-Avvo

FEBRUARY 7, 2025

In response, Baldoni released additional messages in an attempt to defend himself. In addition to family law litigation, she also negotiates prenuptial, post-nuptial and cohabitation agreements on behalf of clients. Initially, Lively released text messages she received from Baldoni to support her sexual harassment claims.

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Court Attorney Defendant Lawsuit 64

Eric Goldman

FEBRUARY 11, 2024

A liberal interpretation of the Copyright Act, therefore, could open the floodgates to endless litigation. This is especially salient because many potential defendants could decline to answer because the cost of litigation would likely outweigh the mandatory statutory damages amount. All excellent points.

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Defendant Court Litigator Litigation 115

Above the Law - Technology

DECEMBER 4, 2023

VoiceScript Ai.Law Elevator Pitch: Provides AI-generated litigation documents, from pleadings to discovery. We are the first AI-driven platform to focus specifically on drafting litigation documents. The substantial amount of time lawyers spend drafting documents during litigation. What makes you unique or innovative?

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Mediator Litigator Litigation Law firm 325

Eric Goldman

SEPTEMBER 10, 2023

” (Technically, the defendants in this case are enumerated on “Exhibit 1” instead of “Schedule A,” but same thing). Plaintiffs allege hundreds of defendants are infringing their trademarks and selling counterfeit goods. For a fuller description of the litigation genre and its problems, see my paper.

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Court Defendant Judge Litigator 98

Eric Goldman

APRIL 12, 2025

This switcheroo doesn’t answer the question on the table, because the 512(c) defense requires the defendant to BOTH not have the requisite supervisory ability AND not have a direct financial interest in the infringements. Showing that Walmart satisfied one 512(c) defense element doesnt have any bearing on a different defense element.

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Defendant Court Lawsuit e-filing 59

Eric Goldman

DECEMBER 30, 2023

For unclear reasons, Kelly Toys expanded the litigation to add online marketplaces Alibaba and AliExpress as defendants. Normally, SAD Scheme rightsowners don’t sue online marketplaces because that brings in well-funded and highly motivated defendants who will jack up the litigation costs substantially.

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Defendant e-discovery Court Lawsuit 98

Trial Technology

SEPTEMBER 23, 2016

It’s sort of like the “ CSI Effect ,” where jurors have come to expect some serious technology used in the courtroom to convict or acquit a defendant. defendant or plaintiff) might foot the bill, but how on earth would they ever find such a consultant, were it not for the representing law firm? The party (e.g.,

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Trial presentation Defendant Attorney Court 130

Eric Goldman

MARCH 19, 2024

Here’s the court’s entire Section 230 “analysis” (as opposed to its recap of the parties’ arguments): plaintiff has set forth sufficient facts with regard to each defendant to allege viable causes of action under a products liability theory.

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Defendant Judge Court Litigator 111

The North Carolina Journey of Law and Technology

FEBRUARY 19, 2024

Understanding Litigation Finance Litigation finance is when a third-party invests in a lawsuit in hopes of sharing in the profits of a successful verdict. litigation finance companies exist. billion in capital to litigation matters. billion in capital to litigation matters.

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Litigator Litigation Machine learning Court 52

Eric Goldman

FEBRUARY 18, 2024

Twitter , “the Court [referring to himself in the third person] paid insufficient heed to the requirement that Kelly Toys provide proof of the Alibaba Defendants’ knowledge.” The Court’s contempt Order was therefore improper under Rule 65(d)(2)(C) and must be vacated. .”

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Judge Defendant e-records Court 111