Florida Lawyer News Services | Robbins Equitas

(Estate attorney tampa) Ball Aerosol & Specialty Container, Inc. v. Ltd. Brands, Inc.

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(U.S. Fed. Cir., Consumer Products, Intellectual Property, Patent, Retail) In a patent case brought against defendants including Bath & Body Works involving a candle tin with a removable cover that also acts as a base for the candle holder, summary judgment of validity and infringement, an award of damages, and a denial of a motion for reconsideration is reversed where the district court erred as a matter of law in failing to find two claims of the patent at issue to have been obvious, and in finding infringement of those claims.

Nartron Corp. v. Schukra U.S.A., Inc.

(U.S. Fed. Cir., Civil Procedure, Intellectual Property, Patent) In a patent infringement action involving a vehicle seat control system that provides massage capability, District Court’s of grant summary judgment of dismissal of the complaint because of Plaintiff’s failure to join an alleged co-inventor is reversed, where any contribution co-Defendant made to the invention was insignificant and therefore prevents it from attaining the status of a co-inventor.

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(Aviation accident lawyer) Nartron Corp. v. Schukra U.S.A., Inc.

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(U.S. Fed. Cir., Civil Procedure, Intellectual Property, Patent) In a patent infringement action involving a vehicle seat control system that provides massage capability, District Court’s of grant summary judgment of dismissal of the complaint because of Plaintiff’s failure to join an alleged co-inventor is reversed, where any contribution co-Defendant made to the invention was insignificant and therefore prevents it from attaining the status of a co-inventor.

La Resolana Architects PA v. Reno, Inc.

(U.S. 10th Cir., Construction, Copyright, Intellectual Property, Property Law & Real Estate) In a copyright infringement action related to designs for modular homes, judgment for Defendants is affirmed where the District Court did not clearly err in finding that Defendants, as a factual matter, did not copy Plaintiffs’ work.

Ball Aerosol
&
Specialty Container, Inc. v. Ltd. Brands, Inc.

(U.S. Fed. Cir., Consumer Products, Intellectual Property, Patent, Retail) In a patent case brought against defendants including Bath & Body Works involving a candle tin with a removable cover that also acts as a base for the candle holder, summary judgment of validity and infringement, an award of damages, and a denial of a motion for reconsideration is reversed where the district court erred as a matter of law in failing to find two claims of the patent at issue to have been obvious, and in finding infringement of those claims.

ICU Medical, Inc. v. Alaris Medical Sys., Inc.

(U.S. Fed. Cir., Intellectual Property, Patent) In a patent infringement action involving medical technology, judgment in favor of defendant is affirmed where: 1) district court correctly construed the disputed “spike” term and held noninfringement with respect to the asserted claims; 2) the asserted claims of the patents are invalid for lack of written description under 35 U.S.C. section 112; and 3) the award of attorney’s fees and Rule 11 sanctions were not an abuse of discretion.

OBX-Stock, Inc. v. Bicast, Inc.

(U.S. 4th Cir., Intellectual Property, Trademark) In a trademark infringement action concerning the term “OBX,” summary judgment for Defendant is affirmed, where “OBX” was purely a geographically descriptive mark with no secondary meaning.

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(Attorney in tampa florida) HealthMarkets, Inc. v. Superior Court of Los Angeles County

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(Cal. App., Civil Procedure, Corporation & Enterprise Law, Health Law, Insurance Law) Plaintiff’s motion to quash service of summons based on lack of personal jurisdiction is granted where the mere ownership of a subsidiary does not constitute purposeful availment and subject a nonresident parent company to specific personal jurisdiction based on the subsidiary’s forum contacts. A parent company purposefully avails itself of forum benefits through the activities of its subsidiary only if the parent has a substantial connection with the forum state, which the defendant failed to establish.

Comfort v. Lynn Sch. Comm.

(U.S. 1st Cir., Civil Procedure, Education Law) In an action involving a race-based student assignment policy, district court’s denial of plaintiff’s motion for relief from final judgment is affirmed where plaintiff’s claims do not come within any of the circumstances under rule 60 (b)(5) from which relief from a final judgment may be justified, as the prior judgment upon which the district court’s order rested has not been reversed and the prior judgment has no prospective application as defined in context.

Cadle Co. v. Neubauer

(U.S. 5th Cir., Civil Procedure, Debt Collection) In an action to collect a loan guaranteed by Defendants, the denial of Defendants’ motion to vacate the District Court’s order substituting Plaintiff for the FDIC is affirmed, where Plaintiff had an interest in the loan and the substitution was a final order.

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(Tampa divorce attorney) Troyk v. Farmers Group, Inc.

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(Cal. App., Civil Procedure, Class Actions, Commercial Law, Consumer Protection Law, Insurance Law) In a class action suit against Farmers Insurance, grant of plaintiff’s motion for summary judgment is reversed where plaintiff did not carry his burden to show there is no triable issue of fact regarding the element of causation for his standing under the Business and Professions Code to prosecute the Unfair Competition Law cause of action on behalf of the class members. Defendant violated the Insurance Code’s disclosure requirement, as the term “premium” includes a service charge imposed for the payment in full of the stated premium for policy’s one-month term, which was not disclosed in the policy.

Corporate Mgmt. Advisors., Inc. v. Artjen Complexus, Inc.

(U.S. 11th Cir., Civil Procedure) The remand of Plaintiff’s action to state court is affirmed, where the failure to allege facts sufficient to establish subject matter jurisdiction in a notice of removal is a defect in the removal procedure.

Slavchev v. Royal Caribbean Cruises, Ltd.

(U.S. 4th Cir., Admiralty, Civil Procedure, Contracts, Labor & Employment Law) In a breach of contract action involving disability, summary judgment for Defendant is vacated with instructions to dismiss for lack of subject matter jurisdiction, where diversity jurisdiction was lacking because both Plaintiff and Defendant were citizens of foreign nations.

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