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Florida IP: November 2014 by Woodrow H. "Woody" Pollack, Tampa Patent, Trademark " Copyright Attorney
http://floridaip.blogspot.com/2014_11_01_archive.html
Thursday, November 6, 2014. Good Idea To Have A Contractual Right Also). About the litigation brought by Yellow Pages Photos ("YPP") against Ziplocal and Yellow Pages Group ("YPG"). YPP proceeded to trial against Ziplocal and YPG. YPP next sought an award of its attorneys fees against Ziplocal. At trial, the jury found that Ziplocal breached the End User License Agreement ("EULA") between Ziplocal and YPP. That agreement provided:. 911 So.2d 1154, 1158 (Fla. 2005). Unpublished opinion) (citing Lashkajani.
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Florida IP: May 2015 by Woodrow H. "Woody" Pollack, Tampa Patent, Trademark " Copyright Attorney
http://floridaip.blogspot.com/2015_05_01_archive.html
Monday, May 11, 2015. Are the Kardashians' European Activities Beyond The Reach of a U.S. Court? Lee Tillett owns U.S. Trademark No. 4079066 for KROMA. In connection with cosmetics. Tillett exclusively licensed the mark to Kroma Makeup EU, LLC ("Kroma EU") granting Kroma EU the right to import, distribute, and sell products using the mark in Europe. Kroma EU's business thrived selling cosmetics under this mark. Does Kroma EU have standing to bring its claim for trademark infringement? S]imply because the...
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Florida IP: July 2014 by Woodrow H. "Woody" Pollack, Tampa Patent, Trademark " Copyright Attorney
http://floridaip.blogspot.com/2014_07_01_archive.html
Thursday, July 31, 2014. Super Sacking - Does a Covenant Not To Sue Eliminate Subject Matter Jurisdiction on a Subsequent Infringement Claim? PFS sought dismissal, arguing that there was no subject matter jurisdiction because of the covenant not to sue. Specifically, PFS relied on Super Sack. And its progeny. See Super Sack Manufacturing Corp. v. Chase Packaging Corp. 57 F3d 1054 (Fed. Cir. 1995). I have previously written about Super Sack a few times. But what about when the patent owner changes its min...
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Are the Kardashians' European Activities Beyond The Reach of a U.S. Court? | Florida IP by Woodrow H. "Woody" Pollack, Tampa Patent, Trademark, Copyright, Attorney
http://floridaip.blogspot.com/2015/05/are-kardashians-european-activities.html
Monday, May 11, 2015. Are the Kardashians' European Activities Beyond The Reach of a U.S. Court? Lee Tillett owns U.S. Trademark No. 4079066 for KROMA. In connection with cosmetics. Tillett exclusively licensed the mark to Kroma Makeup EU, LLC ("Kroma EU") granting Kroma EU the right to import, distribute, and sell products using the mark in Europe. Kroma EU's business thrived selling cosmetics under this mark. Does Kroma EU have standing to bring its claim for trademark infringement? S]imply because the...
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Florida IP: April 2015 by Woodrow H. "Woody" Pollack, Tampa Patent, Trademark " Copyright Attorney
http://floridaip.blogspot.com/2015_04_01_archive.html
Monday, April 6, 2015. Staying Litigation Because of Request for Inter Partes Review? Not yet. The request is premature until the Patent Office determines whether or not to institute the Inter Partes. TAS Energy, Inc. sued Stellar Energy Americas, Inc. for patent infringement concerning U.S. RE 44,815. The Court resolved the issue quickly:. The Court concludes that granting a stay at this stage of the inter partes. Review process is premature. Therefore, the Court denies the Motion without prejudice ...
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Florida IP: August 2015 by Woodrow H. "Woody" Pollack, Tampa Patent, Trademark " Copyright Attorney
http://floridaip.blogspot.com/2015_08_01_archive.html
Monday, August 3, 2015. Middle District of Florida Releases New Discovery Handbook. The Handbook on Civil Discovery Practice. Has been revised (dated June 5, 2015). You may download a copy here. You may receive a printed copy at the Intake counter in each divisional Clerk's office.) It's a good idea to take a read through every now and then, and nice to see the Court has updated it. (I believe the last revision was 15 years ago.) From the Court's website announcing this revised version:. 35 USC. 112.
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Fraud Detection in Patient Records Patent -- Is it Patent-Eligible? | Florida IP by Woodrow H. "Woody" Pollack, Tampa Patent, Trademark, Copyright, Attorney
http://floridaip.blogspot.com/2015/06/fraud-detection-in-patient-records.html
Sunday, June 28, 2015. Fraud Detection in Patient Records Patent - Is it Patent-Eligible? In other words, Claim 1 comprises." Perhaps the most dangerous words in a court opinion directed to the patent eligibility of a challenged patent. I say dangerous because essentially any patent claim can be presented "in other words" in order to describe them broadly directed to some abstract idea and doing so avoids careful analysis of the particular meaning of all words in a challenged claim. Upholding claims whic...
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The Infringer Sourced The Infringing Goods in China, So Infringement Was Willful, Right? | Florida IP by Woodrow H. "Woody" Pollack, Tampa Patent, Trademark, Copyright, Attorney
http://floridaip.blogspot.com/2015/03/the-infringer-sourced-infringing-goods.html
Monday, March 2, 2015. The Infringer Sourced The Infringing Goods in China, So Infringement Was Willful, Right? Washington Shoe Company ("WSC") has sold certain shoes in Target. (There is debate through the opinion discussed below whether WSC sold its shoes through Target "for years," but I will not get into that factual dispute.) WSC sent an initial demand letter to Olem Shoe Corp. concerning the below boots:. Cease and desist letters;. Striking similarity" of the infringing boots. Olem's cross appeal a...
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Florida IP: March 2015 by Woodrow H. "Woody" Pollack, Tampa Patent, Trademark " Copyright Attorney
http://floridaip.blogspot.com/2015_03_01_archive.html
Tuesday, March 17, 2015. Request for Directed Verdict - Is "Pods" Generic? A jury agreed with PODS that U-Haul infringed the "pods" trademark and that U-Haul was unable to prove that the mark was generic. U-Haul asked for a directed verdict notwithstanding the jury's conclusion and separately asked for a new trial. The Court noted the narrow lens through which a Rule 50 directed verdict motion is viewed:. 3); Miller's Ale House, Inc. v. Boynton Carolina Ale House, LLC,. 509 F3d 1351, 1358 (11th Cir. ...
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Florida IP: August 2014 by Woodrow H. "Woody" Pollack, Tampa Patent, Trademark " Copyright Attorney
http://floridaip.blogspot.com/2014_08_01_archive.html
Monday, August 25, 2014. Where To Litigate "Disposable Living-Grass Pet Toilets? Fresh Patch, LLC owns U.S. Patent 8,522,719. Manuel v. Convergys Corp. 430 F3d 1132, 1135 n.1 (11th Cir. 2005). The Court next noted that the Defendant was a small startup, while Plaintiff's revenues were in excess of $1m. The Court also appeared persuaded (to a small degree) by the fact that Plaintiff's law firm also had an office in California. [Ed. Note: Is this really relevant? Motion to transfer, granted. You may recall...
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