The identity of the plaintiff and the defendant, the district(s), judge(s), and lawyers involved in a particular case, have a significant impact on the outcome of a litigation, including whether a particular litigation will proceed at all.
In any event, Ergo's own lawyers admitted in Rakoff's courtroom that the firm had been hired "for the purpose of gathering intelligence… about the motivations of this particular plaintiff and why he was bringing this particular litigation".
Legal arguments aside, Google's amicus brief underscores the historic importance of the Hotfile lawsuit in particular and IP litigation in general.
His work, in particular on the Teamsters litigation, will stand as an impressive legacy to his judicial courage and intellect".
Many of these types of patents are now being extensively utilized in litigation, in particular by non-practicing entities (NPEs) and so-called patent trolls, due to the large monetary damages that are being applied in these cases.
This said, much of the existing legal scholarship on medical tourism considers lawyers in their role as litigators, in particular due to the focus on medical malpractice litigation and the ways in which medical tourism inflects such litigation [ 14– 16].
A spokesperson for the Badger Trust said it was "consulting its lawyers to consider its position in relation to litigation, and in particular the question of timing of any action".
IPR and CBM proceedings in particular became highly favored patent litigation defense strategies because they had a high "kill rate" for patent claims, were cheaper than a lawsuit and could be used to "stay" a pending patent lawsuit, reducing attorney fees.
"Part of its constellation of commitments is against the regulation of business and, in particular, the regulation of business through litigation".
Children in particular are hurt by the fighting that comes with litigation, she said.
But neither he nor Bush has said much to indicate their position on the Microsoft antitrust litigation, though the scuttlebutt, based on nothing in particular, is that an Ashcroft Justice Department might dismiss the case.
