Florida Lawyer News Services | Robbins Equitas

(Tampa personal injury attorney) Aycock Eng’g, Inc. v. Airflite, Inc.

More info…
(U.S. Fed. Cir., Intellectual Property, Trademark) In an action involving service mark registration of AIRFLITE, USPTO Trademark Trial and Appeal Board ruling declaring plaintiff’s service mark registration void is affirmed, where plaintiff used the service mark in the preparatory stages of the service’s development but never offered the service to the public, thus failing to meet the “use in commerce” element of the Lanham Act.

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.

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.

E-Pass Technologies, Inc. v. 3Com Corp.

(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.

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