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A recent decision by Judge Spencer in the Eastern District of Virginia points out that patentees which file for bankruptcy during the pendency of an action must act promptly to preserve standing. Qimonda AG v. LSI Corp., Case No. 3:08CV 735, 2012 U.S. Dist. LEXIS 30559 (E.D.Va. March 7, 2012)...
Those of you planning to give a Crock Pot® Cook & Carry Slow Cooker as a Christmas gift can breathe easy. Judge Spencer has denied Hamilton Beach’s bid for a preliminary injunction to bar sales of the Sunbeam product for infringing Hamilton Beach’s patent on a clip to...
Following up on our earlier post here, Judge Spencer has issued his Memorandum Opinion, found here, detailing his reasons for issuing a stay pending reexamination in JuxtaComm-Texas Software, LLC v. Lanier Parking Systems of Virginia, Inc., Case No. 3:11CV299 (E.D.Va. Aug. 1, 2011) (Spencer,...
The conventional wisdom in the EDVA is that patent cases will not be stayed pending a petition for reexamination. Sometimes, however, a stay pending reexam will be granted, and a recent Order entered by Judge Spencer, found here, succinctly describes the appropriate circumstances for a...
EDVA Court Rules Trademarks May Be "In Use" in a State Even if a Defendant Not Subject to Personal Jurisdiction
In a small, but interesing decision, Chief Judge Spencer of the EDVA made clear that a plaintiff may assert state law trademark infringement claims even if the defendant is not subject to personal jurisdiction in the state at issue. In M. Shanken Comm’s., Inc. v. Variant...