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27 Aug 2007, 3:41 am
The duty was significant because any defendant found to have breached the duty was exposed to potential liability for up to three times the amount of damages it would otherwise have had to pay for infringing the patent (so-called "treble damages"), as well as the plaintiff's attorneys' fees.After Seagate, however, a plaintiff can prove willful infringement - and therefore become eligible for an award of treble damages and attorneys' fees - only if the plaintiff… [read post]
20 Mar 2019, 7:42 am by Steven Cohen
  The plaintiff also alleges that a lack of testing does not render his testimony as inadmissible. [read post]
14 Jul 2011, 10:12 pm by Simon Gibbs
If a case settles at a level within the small claims track the predictable costs scheme does not apply. [read post]
7 Apr 2011, 7:27 am
Note, it does not matter where you reside, you need a defense attorney in the city, jurisdiction, county or state in which you were charged. [read post]
7 May 2012, 7:17 am by Stanley D. Baum
However, if the plan does not do so, the courts may impose the applicable state statute of limitations. [read post]
7 Feb 2007, 1:43 am
Plaintiff commenced this action in February 2003, and defendants thus met their burden of establishing that the statute of limitations, which began to run in October 1999, had expired.While New York does allow for some exceptions to the time limitations rule, they are not applicable in this type of matter. [read post]
8 Feb 2007, 11:00 am
New York's statute of limitations is just 2 1/2 years in medical malpractice cases, which is brutally short when it comes to the "failure to diagnose" cancer cases. [read post]
28 Oct 2012, 12:09 pm by Michelle Dempsey
I think there is space for a progressive religious account of human goods and the common good that does not follow Finnis and others in supporting traditional patriarchal forms of marriage and sexuality. [read post]
8 Apr 2015, 4:01 pm by Stephen Bilkis
Penal Law § 265 does not mention air guns in its definition of firearms. [read post]
2 Mar 2016, 5:11 am by Marie-Andree Weiss
On February 22, 2015, Defendants fileda motion to dismiss (Motion), claiming that the complaint does not contain sufficient factual matters to put Defendants on fair notice of the claims against them. [read post]
6 Jan 2020, 3:13 pm
A court may exercise specific jurisdiction over a nonresident defendant only if: (1) ‘the defendant has purposefully availed himself or herself of forum benefits’ [citation]; (2) ‘the “controversy is related to or ‘arises out of’ the defendant’s contacts with the forum”’ [citations]; and (3) ‘“the assertion of personal jurisdiction would comport with ‘fair play and substantial… [read post]
16 Jan 2020, 8:00 am by Overhauser Law Offices, LLC
(“CityMoms”) incorporated in the State of Delaware, filed suit in the Southern District of Indiana seeking a declaratory judgment that its use of “CityMoms” does not infringe the rights of Defendant, theCityMoms Greater Indianapolis LLC (“theCityMoms”) of Indianapolis, Indiana, or theCityMoms’ Trademark Registration No. 4,588,132 (the “‘132 Registration”) for “theCityMoms”. [read post]