Litigation Experience
REPRESENTATIVE INTELLECTUAL PROPERTY LITIGATION CASES PATENT DISPUTES
For Life Products Inc. et al v. Perfect Products Inc.
U.S District Court for the Southern District of Florida, Ft. Lauderdale Division
Case No. 11-CIV-060500-JIC
Summary:
Defending Tulsa, Oklahoma based accused infringer of patent relating to door hardware. Attended case management hearing as well as motion for dismissal for lack of jurisdiction/improper venue.
Nature’s Earth Products Inc. v. PlanetWise Products Inc.
U.S. District Court for the Southern District of Florida, West Palm Division
Case No. 09-CIV-890770 MARRA/JOHNSON
Sample Work 1: Expert Report on Behalf of Plaintiff Nature’s Earth
Sample Work 2: Rebuttal Report / Declaration in Support of Summary Judgment
Summary:
Preparation of expert report of patent invalidity for accused infringement, attended and gave expert deposition testimony.
Result:
Confidential settlement amicable to both sides.
Murphy Wall-Beds Hardware v. Create More Space (Design Patent 2009)
U.S. District Court for the Middle District of Florida
Summary:
Defended Tampa, Florida based manufacturer and seller of murphy-styled space saving beds from design patents relating to leg system. Took multiple depositions as to invalidity issues.
Result:
Confidential settlement amicable to both sides.
Perfect Web Technologies Inc. v. infoUSA Inc.s
U.S. District Court for the Middle District of Florida (Utility Patent 2007)
Case No. 07-80286-CIV-RYSKAMP/VITUNAC
Sample Work 1: Opposition to Defendant’s Motion to Dismiss / Transfer Case Order Denying Motion to Dismiss / Transfer Case
Sample Work 2:Opposition to Protective Order Regarding Key CEO Deposition Order Denying Motion for Protective Order
Summary:
Represented patent holder with claim of infringement for Nebraska based e-mail marking company. Successfully defended motion to transfer case from West Palm Beach to Nebraska.
Great Neck Saw Manufacturers, Inc. v. Iron Bridge Tools Inc.
U.S. District Court for the Eastern District of New York (Utility Patent 2007)
Case No. 07-cv-3205
Sample Work 1: Motion to Transfer Patent Case to Florida
Sample Work 2: Reply Memorandum in Further Support of Transfer Order Granting Motion to Transfer Patent Case to Florida
Summary:
Represented Deerfield Beach based tool importer as to claims of patent infringement by Long Island based patent owner. Successful moved and held oral arguments in New York Federal Court for transfer case to Ft. Lauderdale.
Wealth Transfer Group v. Rowe
U.S. District Court for the District of Connecticut (Utility Patent 2006)
Case No. 06-V-00024
Summary:
Represented Altamonte Springs, Florida patent holder to assert infringement claim against former CEO/Chairman of Aetna. Took multiple technical depositions and worked with experts as to issue of infringement.
Result:
Confidential settlement amicable to both sides.
COPYRIGHT & SOFTWARE DISPUTES
Platypus Wear Inc. et al. v. Horizonte Ltda. et al.
U.S. District Court for the Southern District of Florida (2011)
Case No. 08-CV-20738- Jordan
Sample Work 1: Response in Opposition to Motion for Preliminary Injunction Report & Recommendation Denying Motion Company
Summary: Representing Sao Paulo, Brazil based manufacturer of energy drink regarding certain allegations of trademark and copyright infringement by California based intellectual licensing entity.
Result:
Case remains pending with trial scheduled for Spring 2012.
Meth Lab Cleanup LLC v. Spaulding Decon LLC et al.
U.S. District Court for the Middle District of Florida, Tampa Div
Case No. 8:10-cv-02550
Sample Work 1: Complaint sounding in Trademark & Copyright Infringement
Sample Work 2: Motion to Compel Defendant’s Financial Information Order denying motion as moot due to Def. Agreement to Product
Summary:
Representing Idaho based provider of clandestine drug decontamination services assert claims of trademark and copyright infringement against former independent contractor in Tampa.
Result:
Case remains pending with trial scheduled for 2012.
Your Baby Can LLC v. Planet Kids Inc. et al,
U.S. District Court for the Southern District of Florida, West Palm Div.
Case No. 10-81266-CIV-MARRA (Trademark & Copyright Infringement Suit 2010)
Sample Work 1: Complaint sounding in Trademark & Copyright Infringement
Sample Work 2: Response in Opposition to Defendant’s Motion to Dismiss Order denying Defendants’ Motion to Dismiss
Summary:
Representing Los Angeles based provider of early child development training materials. Successfully defended motion to dismiss complaint, prepared and defended deposition of key witness.
Result:
Case remains pending with trial scheduled for 2012.
Disney Enterprises v. Universal En Linea, et al.
U.S. District Court for the Southern District of Florida (Copyright Suit 2009)
Case No. 09-23816-CIV-HOEVELER
Sample Work 1: Motion to Dismiss Copyright Infringement Action
Sample Work 2: Reply Memorandum in Further Support of Dismissal
Summary:
Represented Miami based vacation service provider based upon accusations of trademark and copyright infringement by Disney.
Result:
Confidential settlement amicable to both sides.
Sherry Manufacturing Co. Inc. v. InGear Fashions Inc. et al.
U.S. District Court for the Southern District of Florida (Copyright Suit 2010)
Case No. 1:10-cv-21617-JAL
Summary:
Represented Miami based manufacture of women’s resort apparel in copyright infringement action against competitor.
Result:
Confidential settlement amicable to both sides.
Tavory v. Vistar Technologies Corp.
U.S. District Court for the Southern District of Florida (Copyright Suit 2009)
Case No. 9:09-cv-80934-KLR (Confidential Settlement)
Summary:
Represented West Palm Beach based medical software development company against claims of infringement brought by former part-owner.
Result:
Confidential settlement amicable to both sides.
TRADEMARK & CYBERSQUATTING DISPUTES
Pumponator Inc. v. Water Sports LLC et al (Trade Dress Dispute 2011)
U.S. District Court for the Northern District of Illinois
Case No. 1:11-CV-03956 (Pending)
Sample Work 1: Complaint for Trade Dress Infringement Jury Trial Requested
Summary:
Representing South Carolina based manufacture of water balloon filling station against competitor in Chicago Federal Court.
Result:
Case remains pending with trial scheduled for 2012.
ACO North America v. Ace Rent-A-Car, Inc.
U.S. District Court for the Southern District of Florida, Miami
Case No. 1:10-cv-22364-MGC (Settlement, Final Order)
Sample Work 1: Declaratory Complaint Seeking Finding of Non-Infringement
Sample Work 2: Motion to compel documents as to Strength of the Mark
Summary:
Represented Venezuelan based car rental company who received cease-and-desist letter after opening a Miami branch from a competitor. Filed declaratory suit of non-infringement and worked with survey expert as to issue of no confusion.
Result:
Final Order finding no Evidence of Actual Confusion and Settlement Including Covenant Not to Sue
Sampson Distributing, Inc. v. Science Anabolic Labs International LLC et al
U.S. District Court for the Southern District of Florida, Miami Division
Case No. 1:11-CV-21190-PAS (Trademark Dispute 2011) (Confidential Settlement)
Summary:
Represented California based developer of nutraceuticals against allegations of trademark infringement and cybersquatting.
Result:
Confidential settlement amicable to both sides.
FIT2TRI MultiSport Inc. v. TMG Millwork Inc. et al. (Trademark Dispute 2011)
U.S. District Court for Southern District of Florida (Injunction Granted)
Case No. 0:11-cv-60192-JAL
Sample Work 1: Complaint for Trademark Infringement and Unfair Competition
Sample Work 2: Consent Final Judgment and Permanent Injunction
Summary:
Represented Fort Lauderdale based triathalon training group and retailer against Georgia competitor’s improper use of trademarked name and logo.
Result:
Settlement agreement and consent final judgment which included permanent injunction to preclude competitor’s use of Client’s trademarked name.
Vital Pharmaceuticals Inc. d/b/a VPX Redline v. Gaspari Nutrition Inc.,
U.S. District Court for the Southern District of Florida, Miami Div.
Case No. 10-cv-62033-JORDAN (Trade Dress Infringement 2010)
Sample Work 1: Motion to Dismiss Claim for Failure to Complaint
Sample Work 2: Motion to Dismiss First Amended Complaint
Sample Work 3: Reply Memorandum in Furher Support of Dismissal
Summary:
Representing Boston based neutraceutical manufacturer against claims of trade dress infringement brought by Davie based competitor.
Result:
Settlement negotiations on-going.
PolyOne Corporation v. Florida Flex Ink Distributors, Inc.
U.S. District Court for the Southern District of Florida (Trademark 2009)
Case No. 1:09-cv-22192-JAL (Settlement)
Summary:
Represented Cleveland based manufacturer of screen printing inks against former distributor.
Result:
Confidential settlement amicable to both sides.
TransAmerica Corp v. Moniker On-Line Services,
U.S District Court for the Southern District of Florida (Trademark 2009)
Case No. 0:09-cv-60973-CMA (Confidential Settlement)
Summary:
Represented national insurance company against local internet service provider and domain name register for allegations of trademark infringement, cybersquatting and unfair competition.
Result:
Confidential settlement amicable to both sides.
COMPLEX COMMERCIAL DISPUTES
Edgar Otto v. South Florida Bone Marrow / Stem Cell Transplant Institute LLC,
Judicial Circuit in and for Palm Beach County, FL (Trade Secret Dispute 2010)
Summary:
Represented South Florida based hyperbaric oxygen group regarding a dispute with former co-venture partner regarding a stem cell therapy.
Result:
Confidential settlement amicable to both sides.
Gulfshore Pain & Wellness v. Star Asset Recovery Inc.,
Judicial Circuit in and for Hillsborough County, FL (Data Breach Suit 2010)
Case No. 10-CA-012974 (Confidential Settlement)
Summary:
Represented Tampa based pain clinic with relating to data breach issue over former IT computer consultants.
Result:
Confidential settlement amicable to both sides.
Wall Street Group of Companies Inc. v. Northland Explosive Company, Inc.
Seventeenth Judicial Circuit in and for Broward County (Breach of Contract 2010)
Case No. 10-13680 (Motion to Dismiss Granted)
Sample Work: Motion to Dismiss Complaint for Lack of Jurisdiction Order Granting Motion to Dismiss
Summary:
Represented Wisconsin based company who was sued in Fort Lauderdale for breach of contract.
Result:
Successfully moved to dismiss case for lack of jurisdiction and improper venue.
PolyOne Corporation v. Kefalas,
American Arbitration Association, Miami Office (Breach of Contract Suit 2009)
Case No. 50-181-T-000600-09 (Settlement)
Summary:
Represented Cleveland based manufacturer of screen printing inks against former distributor located in Guatemala.
Result:
Confidential settlement amicable to both sides.
Gulfshore Pain Management v. Coker et al.
Judicial Circuit in and for Hillsborough County, FL (Injunction Suit 2009)
Case No. 07-CA-005750 (Confidential Settlement)
Summary:
Represented Tampa based pain clinic against former office manager.
Result:
Confidential settlement amicable to both sides.
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How To
Sample Patents
Published U.S. Utility Patent Applications
Vertical Positioning Shower Attachment
Assignee: Elimo International LLC Miami, Florida
Inventor: Edgar Lehrer Bronstein Caracas, Venezuela
Publication Date: September 22, 2011
Application No: 12/895,214
Published U.S. Utility Patent Applications
Gel-Based Phenergan Composition
Inventor: Delmer H. Parish Naples, Florida
Publication Date: August 11, 2011
Filing Date: February 9, 2010
Application No: 12/702,814
International WIPO / PCT Patent Applications
Shower Attachment and Related Method
Applicant: Elimo International LLC Miami, Florida
Inventor: Edgar Lehrer Bronstein Caracas, Venezuela
Publication Date: September 22, 2011
Application No: PCT/US2010/032363
Published U.S. Utility Patent Applications
Privacy Bed Shade
Inventor: Amy & Cecil Sewell Sarasota, Florida
Publication Date: August 4, 2011
Filing Date: January 5, 2011
Application No: 12/984,643
Published U.S. Utility Patent Applications
Multi-Card Display Holder for Windshields
Assignee: Park ‘N Display LLC Miami Beach, Florida
Inventor: John David Gardiner Miami Beach, Florida
Publication Date: June 30, 2011
Filing Date: February 22, 2010
Application No: 12/709,808
Published U.S. Utility Patent Applications
Compression Undergarment for Relief of Menstrual Pain
Assignee: Embrace LLC of Sarasota
Inventor: Stephen D. Lee, Robert Brady et al.
Publication Date: February 24, 2011
Filing Date: October 6, 2010
Application No: 12/898,996
Published U.S. Utility Patent Applications
Self-Cleansing Automated Shower
Assignee: Elimo International LLC Miami, Florida
Inventor: Edgar Lehrer Bronstein Caracas, Venezuela
Publication Date: September 22, 2011
Filing Date: June 30, 2010
Application No: 12/827,721
Published U.S. Utility Patent Applications
Gas Powered Self-Contained Portable Winch
Assignee: Wizard Products LLC Naples, Florida
Inventor: M. Andrew Morrison et al. Naples, Florida
Publication Date: September 8, 2011
Filing Date: March 8, 2010
Application No: 12/719,579
Published U.S. Utility Patent Applications
Adjustable Nasal Prong and Headgear Assembly
Assignee: Respcare, Inc. Coconut Creek, Florida
Inventor: Javier Collazo, et al. Pompano Beach, Florida
Publication Date: September 29, 2011
Filing Date: March 25, 2010
Application No: 12/731,80312/731,803
Published U.S. Utility Patent Applications
Method and Apparatus to Relieve Menstrual Pain (CIP1)
Assignee: Embrace LLC of Sarasota, Florida
Inventor: Stephen D. Lee, Robert Brady, et al.
Publication Date: January 20, 2011
Filing Date: June 28, 2010
Application No: 12/824,789
