Florida Lawyer News Services | Robbins Equitas

(Tampa dui attorney) Synthes v. GMReis

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(U.S. Fed. Cir., Civil Procedure, Intellectual Property, Patent) In a patent infringement action involving a bone plating system, district court’s dismissal for lack of personal jurisdiction is reversed where although the court was correct in ruling that it did not have general jurisdiction over defendant, it erred in its ruling that it lacked specific jurisdiction, as defendant purposefully directed its activities at parties in the U.S., plaintiff’s claim of patent infringement arises out of defendant’s activities in the U.S., and assertion of jurisdiction over defendant is reasonable and fair.

Henry v. Lake Charles Am. Press LLC

(U.S. 5th Cir., Civil Procedure, Communications Law, Injury And Tort Law, Media Law) In a defamation action concerning alleged defects in engines sold by Plaintiff, the denial of Defendant’s motion, under Louisiana law, to require Plaintiff to show a probability of success is reversed, where there was no evidence that Defendant did not follow up on the request for retraction sent by Plaintiff’s attorney.

Esquire Trade
&
Fin., Inc. v. CBQ, Inc.

(U.S. 2d Cir., Civil Procedure, Per Curiam, Securities Law) In an action for breaches of debenture-related agreements and for securities fraud, district court’s grant of summary judgment for defendant on grounds that plaintiff’s claims were barred by res judicata is vacated and remanded where the order dismissing the earlier action between plaintiff and a third party does not operate as a res judicata bar to the claims raised in the present action as the required privity between the third party and defendant is not present.

Porter v. Dept. of the Treasury

(U.S. 3d Cir., Civil Procedure) In a ruling consolidating for decision three cases involving questions regarding the payment of fees required by Federal Rule of Appellate Procedure, the present court concludes that voluntary dismissal of an appeal does not entitle an appellant to a refund of their filing and docketing fees, and the clerk of the circuit court is authorized to deny future motions to return or to waive appellate filing and docketing fees. Plaintiffs Mahabir and Porter’s motions to withdraw their appeals are granted and their requests for return of their filing and docketing fees are denied, and plaintiff Telfair’s motion for a fee waiver is denied.

In re Sony BMG Entm’t

(U.S. 1st Cir., Civil Procedure, Copyright, Cyberspace Law, Entertainment Law, Intellectual Property, Media Law) In an action related to a copyright infringement trial, petition challenging an order permitting gavel-to-gavel webcasting of a hearing in a civil case is granted and the matter remanded where a district court judge does not have the authority to permit webcasting of a civil matter. The ruling forbidding enforcement of the order is based on the fact that the court erred in its broad interpretation of Local Rule 83.3, and that both the Judicial Conference of the United States and First Circuit Judicial Council support a narrow interpretation of the rule and have passed policies against the broadcasting of civil court proceedings.

Florida Lawyer

(St petersburg lawyer) In re Kubin

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(U.S. Fed. Cir., Drugs & Biotech, Intellectual Property, Patent) In a patent action relating a classic biotechnology invention, Board of Patent Appeals and Interferences decision rejection plaintiff’s patent application is affirmed where the Board did not err in rejecting plaintiff’s claims as obvious under 35 U.S.C. sec. 103(a), as plaintiff’s methodology in the patent was essentially the same as the methodologies and teachings in prior patents and scientific works.

CQ Inc. v. TXU Mining Co. LP

(U.S. 5th Cir., Contracts, Intellectual Property, Oil & Gas Law, Trade Secrets) In a breach of contract action regarding a coal mining operation, summary judgment for Defendant is affirmed, where: 1) the trade secret allegedly misappropriated by Defendant was not protected by Texas law; and 2) the agreement alleged by Plaintiff did not satisfy the statute of frauds.

Princo Corp. v. Int’l Trade Comm’n

(U.S. Fed. Cir., Intellectual Property, Patent) In a patent infringement action involving compact disc technology, International Trade Commission order against plaintiff is affirmed in part and vacated and remanded in part where: 1) plaintiff failed to meet its burden of demonstrating that the patents in question are unenforceable due to patent misuse on the grounds of unlawful tying; and 2) the Commission’s analysis of the agreement issue was predicated on legal errors in several respects, and the Commission erred in failing to determine whether plaintiff established that such an agreement existed.

TransCore, LP v. Electronic Transaction Consultants Corp.

(U.S. Fed. Cir., Intellectual Property, Patent) In a patent infringement action involving automated toll collection systems, district court’s grant of summary judgment for defendants is affirmed where: 1) the sales of the toll collection systems installed by defendant were authorized by an earlier settlement agreement involving the plaintiff such that plaintiff’s patent rights were exhausted as to those systems; 2) the court did not err in excluding parol evidence of the parties’ intent at the time they entered into the settlement agreement as the settlement agreement is unambiguous, final, and exclusive; 3) plaintiff’s rights to the ’946 patent were exhausted by third party Mark IV’s authorized sales under an implied license to practice that patent by virtue of legal estoppel.

St Petersburg Attorney

(Clearwater lawyer) SunCoke En’gy Inc. v. MAN Ferrostaal A.G.

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(U.S. 6th Cir., Civil Procedure, Contracts, Trade Secrets) In an action seeking the return of trade secret information, the dismissal of the complaint for lack of personal jurisdiction is reversed, where Defendant’s dealings with Plaintiff in Tennessee and jurisdiction over a highly integrated group of transactions should be adjudicated as a whole and not piecemeal.

Felix v. Am. Honda Motor Co., Inc.

(U.S. Fed. Cir., Intellectual Property, Patent, Transportation) In a patent infringement action involving a storage system in a vehicle bed, district court’s grant of summary judgment for defendant is affirmed where there was no literal infringement of plaintiff’s patent as the court’s construction of the disputed terms in the patent was correct and thus defendant’s product did not satisfy the limitation of the patent.

CQ Inc. v. TXU Mining Co. LP

(U.S. 5th Cir., Contracts, Intellectual Property, Oil & Gas Law, Trade Secrets) In a breach of contract action regarding a coal mining operation, summary judgment for Defendant is affirmed, where: 1) the trade secret allegedly misappropriated by Defendant was not protected by Texas law; and 2) the agreement alleged by Plaintiff did not satisfy the statute of frauds.

Coquico, Inc. v. Rodr
?
guez-Miranda

(U.S. 1st Cir., Copyright, Intellectual Property) In a copyright infringement action, district court’s grant of a preliminary injunction against defendant is affirmed where: 1) plaintiff has a valid copyright; and 2) plaintiff has shown a likelihood of success that it will succeed on its claim that defendant copied original elements of its work as it has provided ample evidence that defendant engaged in actual copying of plaintiff’s work, and that the two works were substantially similar.

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