This will be my first post on a case from outside the Middle District of Florida, but instead comes from the Northern District. I’ll let the Judge provide the intro:
You live in Gainesville and need to book a party
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Is The Relative Emphasis in Marketing Materials of the Accused Technology a Reliable Basis for Apportioning Damages?
No.Omega Patents has sued CalAmp for infringement of a number of patents relating to vehicle control systems. CalAmp offered expert opinion explaining the amount of certain damages that should be at risk. Specifically, CalAmp’s expert began his damages calculation by
Does a Patent Plaintiff’s Unsuccessful Belief That It Can Enforce A Patent Render A Case Exception?
No.Sweepstakes Patent Company (“SPC”) acquired a license to use U.S. Patent 5,569,082 in certain fields. SPC later sued a number of defendants for infringement. But the license agreement provided:
[Patent Owner – not SPC the licensee] shall, in its absolute
Must A Copyright Holder Attach The Deposit Copy To Its Complaint?
No. Rule 8 (i.e. notice pleading) is alive and well in the copyright context.PK Studios, Inc. provided architectural drawings for homes to Stock Development, LLC in connection with development in two communities. PK provided a release to Stock allowing it
Is Making a Song Available Via the Internet An Act of Copyright Infringement?
No, not really. But it can survive the pleadings.A number of Record Companies asserted their rights against a number of Accused Infringers. The rights at issue relate to a number of sound recordings, 25 of which were recorded before 1972,
Where Does Trademark Infringement Tort Occur For Venue Purposes?
Where the trademark owner resides, at least under Florida’s long-arm statute:
Under Florida’s long-arm statute, Defendant is subject to personal jurisdiction where it commits a “tortious act within th[e district].” § 48.193(1)(a)(2), Fla. Stat. Trademark infringement is considered a
Does Re-Registering a Domain Name Constitute “Registering” a Domain Name for Anticybersquatting Purposes?
Yes.Jysk Bed’N Linen operates furniture stores in Georgia, New Jersey, and North Carolina. In early 1999, it had a website developed for it and hosted that website at http://www.bydesignfurniture.com. It had asked the website developer to register the domain
Are Shotgun Patent Infringement Pleadings Allowed?
No.The Eleventh Circuit is not a big fan of shotgun pleadings, and neither is the Middle District of Florida. Christ Tavantzis and Christrikes Custom Motorcycles filed a complaint asserting at least 10 counts against 29 defendants for allegations including alleged
Is Using an Unflattering Candid Photo in Blog Posts To Criticize the Subject of the Photo Fair Use?
Yes.Irina Chevaldina was a tenant in commercial property owned by one of Raanan Katz’s corporate entitles. Chevaldina was unhappy with Katz and posted a number of blog entries criticizing him. Some of those posts included a candid photo of Katz
Patent Eligibility and Collateral Estoppel
I previously wrote about a Middle District of Florida Court invalidating one FairWarning IP’s patents at the pleading stage. There, the Court determined the asserted patent (U.S. Patent 8,578,500) was invalid because it was directed only an abstract