In July 2018, UCANN sued Pure Hemp for infringing U.S. Patent No. 9,730,911, which disclosed and claimed various cannabis and CBD formulations. United Cannibis Corp. v, Pure Hemp Collective Inc., No. 1:18-cv-01922-WJM-NYW (D. Colo.). During the litigation, UCANN filed for bankruptcy, which triggered an automatic stay. 11 U.S.C. § 362(a). Eventually, the parties stipulated to […]
A civil action for copyright infringement under the Copyright Act of 1976 must be “commenced within three years after the claim accrued.” 17 U.S.C. § 507(b). The Fifth Circuit has reaffirmed its prior precedent that this limitations period starts running “once the plaintiff knows or has reason to know of the injury upon which the […]
For an inter partes review of a claim in a patent that results in a final written decision by the Patent Trial and Appeal Board (“PTAB”) under Section 318(a), estoppel applies in a civil action with respect to invalidity of the claim “on any ground that the petitioner raised or reasonably could have raised during […]
Rule 4(m) of the Federal Rules of Civil Procedure states: “If a defendant is not served within 90 days after the complaint is filed, the court—on motion or on its own after notice to the plaintiff—must dismiss the action without prejudice against that defendant.” But the court must extend the time for service if “good […]
“Courts have considered social media comments and posts authenticated where the comments were authored by parties or witnesses.” MGA Ent. Inc. v. Harris, No. 2:20-CV-11548-NSA-GRX, 2022 WL 4596697, at *5 (C.D. Cal. July 29, 2022), reconsideration denied, No. 2:20-CV-11548-NSA-GRX, 2022 WL 4596585 (C.D. Cal. Sept. 7, 2022). Social media posts that are unverified or unauthenticated, […]