Florida Lawyer News Services | Robbins Equitas

(St petersburg attorney) In re TS Tech USA Corp.

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(U.S. Fed. Cir., Civil Procedure, Intellectual Property, Patent, Transportation) In a patent infringement action relating to pivotally attached vehicle headrest assemblies, petition for writ of mandamus to vacate decision denying petitioner’s motion to transfer venue and to direct district court to transfer case to another state is granted where: 1) petitioner met its difficult burden of establishing that the district court clearly abused its discretion in denying transfer of venue to the Southern District of Ohio; and 2) mandamus relief was appropriate.

Intervest Constr., Inc. v. Canterbury Estate Homes, Inc.

(U.S. 11th Cir., Construction, Copyright, Intellectual Property, Property Law & Real Estate) In a copyright infringement action alleging that district court erred in its examination of the two-floor plan at issue, summary judgment in favor of defendant is affirmed where: 1) the floor plans at issue were protected by compilation copyrights which were “thin”; and 2) the district court correctly determined that the differences in the protectable expression were so significant that, as a matter of law, no reasonable properly-instructed jury of lay observers could find the works substantially similar.

Acumed LLC v. Stryker Corp.

(U.S. Fed. Cir., Intellectual Property, Patent, Remedies) District court did not abuse its discretion in permanently enjoining defendant from selling its product after jury found willful infringement of plaintiff’s valid patent. The court correctly applied the four-factor test for permanent injunctive relief, finding that: 1) plaintiff has suffered irreparable injury; 2) remedies at law were inadequate; 3) balance of hardships warranted issuance of injunctive relief; and 4) the public interest was not harmed by issuance of the permanent injunction, despite defendant’s assertion that its infringing product was safer than plaintiff’s product.

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