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21 Aug, 2007 12:05 pm
... . No. 830 (Fed. Cir. 2007) (en banc) (Newman, J., Garjarsa, J., concurring). Convolve, Inc., and MIT ("Convolve") sued Seagate, alleging willful infringement of U.S. Patent Nos. 4,916,635, 5,638,267, and 6,314,473. Prior to the ... counsel three opinion letters covering infringement, validity, and enforceability of those patents. Seagate notified Convolve of its intent to rely upon the three opinions in defending itself against willful infringement. It then disclosed its outside ...
Maryland Intellectual Property Law Blog - http://www.marylandiplaw.com/
1 Feb, 2008 9:38 am
... . District Court for the Southern District of New York, which is presiding over the original Seagate matter (Convolve, Inc. v. Compaq Computer Corp., No. 00-civ-5141). In the Convolve case, Seagate opposed Convolve's claims of willful patent infringement by relying on an opinion generated by its engineering staff ... counsel and a patent agent (they also relied on outside counsel's opinion). Convolve then moved for an order compelling Seagate to allow discovery from Seagate's in-house counsel. ...
Maryland Intellectual Property Law Blog - http://www.marylandiplaw.com/
12 Feb 2:45 pm
... to say YES, as long as a litigating party has requested it. In Arista Records LLC v. Usenet.com Inc., 2009 WL 185992 (S.D.N.Y.), several record companies filed a claim for ... transitory nature, and because it serves no business purpose. Arista Records LLC v. Usenet.com Inc., 2009 WL 1851992 (S.D.N.Y.), at *15. The court was not persuaded by the ... , and absent a preservation order, failure to preserve such data did not warrant sanctions. Convolve, Inc. v. Compaq Computer Corp., 223 F.R.D. 162 (S.D.N. ...
E-Discovery Bytes - http://ediscovery.quarles.com/
29 Jan, 2008 12:08 am
... Government Municipal Respondents Must Provide Explanation for Withheld Documents Sustainable South Bronx Inc. v. Horn BRONX COUNTY Government Statute Is Unconstitutionally Vague; Decision to Deny ... 'Pfaff' Test Deemed Satisfied Select Controls v. American Electronic Components Inc. U.S. DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Civil Practice ... Discovery of In-House Counsel Under Claim That Engineer Report Was Not Legal Advice Convolve Inc. v. Compaq Computer Corp. U.S. DISTRICT COURT SOUTHERN ...
New York Supreme Court Criminal Term Library Blog - http://www.bloglines.com/blog/PLL
22 Sep, 2007 10:01 am
... product protection between the client and its litigation counsel. In re Seagate was a patent infringement case filed by plaintiffs Convolve, Inc. and Massachusetts Institute of Technology against Seagate, alleging infringement of three patents and asserting willfulness. ... Seagate. The appellate court granted the petition. In its opinion, the court reviewed its previous decisions in this area. In Underwater Devices Inc. v. Morrison-Knudsen Co., 717 F.2d 1380 (Fed. Cir. 1983), the court established ...
IP Law Blog - http://www.theiplawblog.com/
28 Aug, 2007 8:48 am
... 's work product, as well as communications with its trial counsel, related to the work of Seagate's opinion counsel. Seagate had independently retained and designated opinion counsel both to refute the claims of willful patent infringement by plaintiffs Convolve, Inc. and the Massachusetts Institute of Technology as well as to support Seagate's asserted advise of counsel defense. Following oral argument and the Federal ...
Business and Technology Law - http://www.scottandscottllp.com/main/blogindex.aspx?id=158
25 Oct, 2007 4:06 am by Phil
... . The decision also effectively insulates trial counsel's opinions from discovery. Hear the attorneys who represented petitioner Seagate Technology LLC, respondent Convolve, Inc., and others as they discuss the decision and the significant implications that it will have in patent litigation in general and for companies relying on the opinions of counsel. Program Faculty William LaFuze (Moderator), Partner, Vinson & Elkins ...
Tags: CLE
Philip Brooks' Patent Infringement Updates - http://infringement.blogs.com/philip_brooks_patent_infr/
11 Dec, 2007 10:25 pm by Rob Robinson
... "not requiring [the party] to create something new or to render exceptional assistance. It [was] simply requiring that an existing body of data be transmitted in a reasonably usable way with a modicum of cooperation." Skip forward 25 years, and we find Convolve Inc. v. Compaq Computer Corp., 223 F.R.D. 162, 177 (S.D.N.Y. Aug. 17, 2004), in which Magistrate Judge James Francis IV refused to sanction a party for failing to take ...
Information Governance Engagement Area - http://infogovernance.blogspot.com
20 Jun, 2008 8:07 am
... collide in dispute over Allos domains: Pankajkumar Patel v Allos Therapeutics Inc: (IPKat), Dispute between estate of CS Lewis and Scottish couple over ... the law firms of malpractice in prosecution of patent infringement action: (IP Law360), Dell - Convolve files patent suit against Dell, Western Digital Corp, Hitachi and ... available for series of infringements where work was registered after first infringement: Derek Andrew, Inc v Poof Apparel Corp: (IP Law Observer), Pressure Products Medical ...
IP Thinktank - http://duncanbucknell.com/blog
21 Aug, 2007 5:54 am
In Re Seagate Technology LLC (misc. docket no. 830), August 20, 2007 (link) Seagate was sued by Convolve in the SDNY for patent infringement. After the lawsuit was filed, Seagate obtained outside counsel opinions on the patents, and relied on the advice ... to obtain that pertaining to mental processes. QUESTION #3: Given the impact of the statutory duty of care standard announced in Underwater Devices, Inc. v. Morrison-Knudsen Co., 717 F.2d 1380 (Fed. Cir. 1983), on the issue of waiver of attorney- ...
Two-Seventy-One Patent Blog - http://271patent.blogspot.com
30 Sep 12:31 pm by Michael C. Smith
Convolve v. Dell, Inc., 2:08cv244 (E.D. Tex. 9/30/09) Judge: Chad Everingham Holding: Motion to Transfer Venue DENIED I don't know what is in the water across the street today, but this is the fourth venue opinion I've seen from Judges Ward and Everingham since 5pm yesterday - and those are in just my cases! This afternoon Judge Everingham followed up his transfer of the Immersion v. Mentice case to Ohio yesterday afternoon with an order denying a similar motion in this case seeking a ...
Eastern District of Texas Federal Court Practice - http://mcsmith.blogs.com/eastern_district_of_texas/
         
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