09 Tuesday Oct 2012
There are a few updates in Indiana’s first keyword advertising case, Angie’s List v. ServiceMagic. The lawsuit is still in the early stages, with Answers and Counterclaims being filed. An Initial Pretrial Conference is set for 10/12/2012 so stay tuned for updates.
ServiceMagic Answer, Affirmative Defenses and Counterclaims:
Angie’s List Answer to Counterclaims:
27 Thursday Sep 2012
Tags
Debra McVicker Lynch, Declaration of Existing Contract, Litigation Update, Notice of Removal, Promissory Estoppel, Sarah Evans Barker, Theodore J. Minch
Court Case Number: 1:12-cv-01384-SEB-DML
File Date: Wednesday, September 26, 2012
Plaintiff: CMG Worldwide, Inc.
Plaintiff Counsel: Theodore John Minch of Sovich Minch LLP
Defendant: Brando Enterprises, LP; Brand Sense Partners, LLC
Cause: Notice of Removal, Declaration of Existence of Valid and Enforceable Contract between Parties, Declaration of Promissory Estoppel
Court: Southern District of Indiana
Judge: Judge Sarah Evans Barker
Referred To: Magistrate Judge Debra McVicker Lynch
26 Wednesday Sep 2012
Tags
BitTorrent, Busty Construction Girls, Litigation Update, Mark J. Dinsmore, Patrick Collins v. John Does 1-13
Magistrate Judge Dinsmore has weighed in on the subpoena practice in this type of download case and has set out new procedural requirements, including the requirements that Plaintiff turn over all correspondence with defendants to the court and also name Defendants within 7 days of learning their information via discovery. Plaintiff’s counsel has responded in a Motion to Reconsider.
“The Court has become aware of several court opinions from across the country that have raised concerns regarding potentially inappropriate procedures being utilized by plaintiffs in cases similar to the instant case to extract settlements from putative defendants without any intention by the Plaintiff of ever actually litigating the case on its merits. While the Court does not assume that Plaintiff or its counsel have engaged in any improper conduct, the Court will impose the following procedures in this matter to ensure the prompt identification and service of the putative Defendants in this matter (see Order) c/m. Signed by Magistrate Judge Mark J. Dinsmore on 9/19/2012.”
Scheduling Order:
Motion to Reconsider and Amend Court’s Order:
26 Wednesday Sep 2012
A third Motion to Quash has been filed in the “Busty Construction Girls” BitTorrent lawsuit. Additionally, Judge Tanya Walton Pratt has stricken the first Motion to Quash for containing numerous filing errors. That Doe did not refile by the 9/18 refile deadline and has been identified in the case documents.
Motion to Quash or Modify Subpoena:
22 Saturday Sep 2012
Posted in Intellectual Property
Tags
Breach of the License Agreement, Christopher A. Nuechterlein, Contributory Infringement, Copyright Infringement, Litigation Update, Misappropriation of Trade Secrets, Robert L. Miller
Court Case Number: 3:12-cv-00541-RLM-CAN
File Date: Friday, September 21, 2012
Plaintiff: Infor (Barneveld) BV
Plaintiff Counsel: John D. LaDue, John A. Drake of LaDue Curran & Kuehn LLC
Defendant: Micromatic LLC
Cause: Copyright Infringement, Contributory Copyright Infringement, Breach of the License Agreement, Misappropriation of Trade Secrets
Court: Northern District of Indiana
Judge: Judge Robert L. Miller, Jr.
Referred To: Magistrate Judge Christopher A. Nuechterlein
Indiana Intellectual Property Blog 