(Attorney tampa florida) E-Pass Technologies, Inc. v. 3Com Corp.
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(U.S. Fed. Cir., Attorney’s Fees, Intellectual Property, Patent, Sanctions) In a patent infringement action involving electronic multi-function cards, co-defendant Access Systems Americas, Inc.’s motion for sanctions is granted where plaintiff’s appeal is frivolous, as it fails to present cogent or clear arguments for reversal, and plaintiff has made significant misrepresentations of the record and the law to the court. Sanction of defendant’s reasonable attorneys’ fees is awarded against plaintiff and its counsel, jointly and severally.
Henkel Corp. v. The Procter
&
Gamble Co.
(U.S. Fed. Cir., Intellectual Property, Patent) In a patent interference action involving dishwasher detergent tablets, Board of Patent Appeals and Interferences award of priority of invention to defendant is affirmed where substantial evidence supports the Board’s determination that defendant demonstrated an actual reduction to practice of the invention before plaintiff.
Internet Specialties West, Inc. v. Milon-DiGiorgio Enters., Inc.
(U.S. 9th Cir., Cyberspace Law, Intellectual Property, Trademark) In a trademark infringement action based on an infringing domain name, judgment for Plaintiff is affirmed, where: 1) the jury was properly instructed on the elements of infringement; and 2) laches did not bar Plaintiff’s claim because Defendant was not prejudiced by Plaintiff’s delay in filing suit.
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