District Court’s motion to dismiss reversed and remanded for plausible patent infringement of electronic cigarettes after document deemed sufficiently disavowed.
On September 24, 2014, in an unpublished opinion the 11th Circuit denied the appeal of InDyne, Inc. (“InDyne”), which asked the Court to vacate an award of attorneys’ fees to Defendants Abacus Technology Corporation, Jerry Reninger, and Matthew Boylan (collectively, “Abacus”) in a copyright infringement action in Middle […]
Note: This article is authored by our colleague Mitch Tuchman, who practices copyright law in the firm’s Raleigh, NC office. Though the subject order comes from a Southern District of Florida case, the subject matter is pertinent and the decision is important enough that it is likely to […]
You may think that because your litigation involves significant patent issues, such as the construction of claim terms and determination of infringement, you will have recourse at the Federal Circuit if the district court rules against your company or client. Not so fast. The Eleventh Circuit Court of […]
Introduction Motion for sanctions. Motion for contempt. Motion to set aside default. Motion for permanent injunction. Motion to dismiss counterclaims. March 29 Order to Show Cause. All currently stand as pending in the U.S. District Court for the Middle District of Florida. The March 12 appeal of a […]
Introduction Florida- and Utah-based providers of home alarm technology services are now complying with an order to cease uses of their acronym trademark following recent rulings against them rendered by the U.S. District Court for the Southern District of Florida and the U.S. Court of Appeals for the […]
A defendant whom the U.S. District Court for the Northern District of Florida adjudicated a trademark infringer on summary judgment, and liable for attorneys’ fees as well as profits, filed an appeal from that court’s judgment on February 11, 2013. However, an order of appointment of a Special […]
Introduction and “Exclusion 13” Although federal appellate courts issue “unpublished” opinions relegated to the status of merely persuasive precedent and not binding precedent,[1] occasionally even an “unpublished” opinion may strike upon an issue of first impression or otherwise set forth judicial reasoning that still makes it noteworthy. On […]
Let it be known that in the United States, large-scale piracy of copyrighted materials is taken very seriously and can, in fact, result in significant jail time. On February 25, 2013, the U.S. Court of the Appeals for the Eleventh Circuit affirmed the conviction and 51-month federal imprisonment […]
IntroductionScore one for McDowell’s and its “Golden Arcs.” [1] In a dispute between two sports bar and restaurant chains, the Eleventh Circuit has affirmed a grant of summary judgment in favor of the defendant, Boynton Carolina Ale House, LLC (“Boynton Carolina”), whom plaintiff Miller’s Ale House, Inc. (“Miller’s”) had […]
Georgia IP Litigation 