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(Tampa divorce lawyer) Clearvalue, Inc. v. Pearl River Plymers, Inc.

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(U.S. Fed. Cir., Intellectual Property, Patent, Trade Secrets) In a patent infringement and trade secret action involving water clarification, district court’s judgment is affirmed in part and reversed in part where: 1) plaintiff’s engaged in sanctionable conduct; 2) court did not abuse its discretion in awarding attorney’s fees against plaintiffs Clearvalue and Haase, but did abuse its discretion in imposing joint and several liability against plaintiff’s counsel Waggett; 3) the court abused its discretion in striking plaintiff’s pleadings and entering judgment for defendant on plaintiff’s patent infringement and trade secret claims; and 4) the court abused its discretion by using its inherent powers to impose additional sanctions against plaintiff.

Larson Mfg. Co. of South Dakota, Inc. v. Aluminart Products Ltd.

(U.S. Fed. Cir., Intellectual Property, Patent) In a patent infringement action involving storm doors, district court’s dismissal of plaintiff’s claims is affirmed in part and reversed in part where: 1) the district court erred in finding that the three undisclosed items of prior art were material, as they were cumulative of prior art already before the Reexamination Panel; and 2) the district court’s correctly determined that the two office actions were non-cumulative and material. The case is remanded for further proceedings to redetermine the issue of intent and whether there was inequitable conduct.

Tafas v. Doll

(U.S. Fed. Cir., Administrative Law, Intellectual Property, Patent) In an action involving four rules recently promulgated by the USPTO, district court’s ruling is affirmed in part and vacated in part where: 1) the four final rules challenged in this case are procedural and thus within the scope of the USPTO’s rulemaking authority; and 2) Final Rule 78 conflicts with 35 U.S.C. sec. 120 and is invalid.

Situation Mgmt. Sys. v. ASP Consulting, LLC

(U.S. 1st Cir., Copyright, Intellectual Property, Labor & Employment Law) In a copyright action involving training materials geared toward teaching techniques for effective communication and negotiation within the workplace, district court’s finding of noninfringement is vacated where: 1) district court erroneously excluded large portions of plaintiff’s works from its substantial similarity analysis based upon its misapplication of the originality requirement; and 2) the court improperly denied copyright protection to large portions of plaintiff’s works under the mistaken belief that they described a noncopyrightable process or system.

United Techs. Corp. v. Mazer

(U.S. 11th Cir., Civil Procedure, Corporation & Enterprise Law, Intellectual Property, Trade Secrets) In an action for misappropriation of trade secrets, judgment for Defendants is reversed in part, where Plaintiff adequately alleged that Defendant’s president was acting within the scope of his employment when he stole Plaintiff’s blueprints, but affirmed in part, where another Defendant was not subject to personal jurisdiction in Florida.

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