Litigation Experience

For Life Products Inc. et al v. Perfect Products Inc.

U.S District Court for the Southern District of Florida, Ft. Lauderdale Division · Case No. 11-CIV-060500-JIC

Summary: Defending Tulsa, Oklahoma based accused infringer of patent relating to door hardware. Attended case management hearing as well as motion for dismissal for lack of jurisdiction/improper venue.

Nature’s Earth Products Inc. v. PlanetWise Products Inc.

U.S. District Court for the Southern District of Florida, West Palm Division · Case No. 09-CIV-890770 MARRA/JOHNSON

• Sample Work 1: Expert Report on Behalf of Plaintiff Nature’s Earth
• Sample Work 2: Rebuttal Report / Declaration in Support of Summary Judgment

Summary: Preparation of expert report of patent invalidity for accused infringement, attended and gave expert deposition testimony.

Result: Confidential settlement amicable to both sides.

Murphy Wall-Beds Hardware v. Create More Space (Design Patent 2009)

U.S. District Court for the Middle District of Florida

Summary: Defended Tampa, Florida based manufacturer and seller of murphy-styled space saving beds from design patents relating to leg system. Took multiple depositions as to invalidity issues.

Perfect Web Technologies Inc. v. infoUSA Inc.s

U.S. District Court for the Middle District of Florida (Utility Patent 2007) · Case No. 07-80286-CIV-RYSKAMP/VITUNAC

• Sample Work 1: Opposition to Defendant’s Motion to Dismiss / Transfer Case Order Denying Motion to Dismiss / Transfer Case
• Sample Work 2: Opposition to Protective Order Regarding Key CEO Deposition Order Denying Motion for Protective Order

Summary: Represented patent holder with claim of infringement for Nebraska based e-mail marking company. Successfully defended motion to transfer case from West Palm Beach to Nebraska.

Great Neck Saw Manufacturers, Inc. v. Iron Bridge Tools Inc.

U.S. District Court for the Eastern District of New York (Utility Patent 2007) · Case No. 07-cv-3205

• Sample Work 1: Motion to Transfer Patent Case to Florida
• Sample Work 2: Reply Memorandum in Further Support of Transfer Order Granting Motion to Transfer Patent Case to Florida

Summary: Represented Deerfield Beach based tool importer as to claims of patent infringement by Long Island based patent owner. Successful moved and held oral arguments in New York Federal Court for transfer case to Ft. Lauderdale.

Platypus Wear Inc. et al. v. Horizonte Ltda. et al.

U.S. District Court for the Southern District of Florida (2011) · Case No. 08-CV-20738- Jordan

• Sample Work 1: Response in Opposition to Motion for Preliminary Injunction Report & Recommendation Denying Motion Company

Summary: Representing Sao Paulo, Brazil based manufacturer of energy drink regarding certain allegations of trademark and copyright infringement by California based intellectual licensing entity.

Result: Case remains pending with trial scheduled for Spring 2012.

Meth Lab Cleanup LLC v. Spaulding Decon LLC et al.

U.S. District Court for the Middle District of Florida, Tampa Div · Case No. 8:10-cv-02550

• Sample Work 1: Complaint sounding in Trademark & Copyright Infringement
• Sample Work 2: Motion to Compel Defendant’s Financial Information Order denying motion as moot due to Def. Agreement to Product

Representing Idaho based provider of clandestine drug decontamination services assert claims of trademark and copyright infringement against former independent contractor in Tampa.

Case remains pending with trial scheduled for 2012.

Your Baby Can LLC v. Planet Kids Inc. et al,

U.S. District Court for the Southern District of Florida, West Palm Div. · Case No. 10-81266-CIV-MARRA (Trademark & Copyright Infringement Suit 2010)

• Sample Work 2: Response in Opposition to Defendant’s Motion to Dismiss Order denying Defendants’ Motion to Dismiss

Representing Los Angeles based provider of early child development training materials. Successfully defended motion to dismiss complaint, prepared and defended deposition of key witness.

Disney Enterprises v. Universal En Linea, et al.

U.S. District Court for the Southern District of Florida (Copyright Suit 2009) · Case No. 09-23816-CIV-HOEVELER

• Sample Work 1: Motion to Dismiss Copyright Infringement Action
• Sample Work 2: Reply Memorandum in Further Support of Dismissal

Represented Miami based vacation service provider based upon accusations of trademark and copyright infringement by Disney.

Sherry Manufacturing Co. Inc. v. InGear Fashions Inc. et al.

U.S. District Court for the Southern District of Florida (Copyright Suit 2010) · Case No. 1:10-cv-21617-JAL

Summary: Represented Miami based manufacture of women’s resort apparel in copyright infringement action against competitor.

Pumponator Inc. v. Water Sports LLC et al (Trade Dress Dispute 2011)

U.S. District Court for the Northern District of Illinois · Case No. 1:11-CV-03956 (Pending)

• Sample Work 1: Complaint for Trade Dress Infringement Jury Trial Requested

Summary: Representing South Carolina based manufacture of water balloon filling station against competitor in Chicago Federal Court.

Result: Case remains pending with trial scheduled for 2012.

ACO North America v. Ace Rent-A-Car, Inc.

U.S. District Court for the Southern District of Florida, Miami · Case No. 1:10-cv-22364-MGC (Settlement, Final Order)

• Sample Work 1: Declaratory Complaint Seeking Finding of Non-Infringement
• Sample Work 2: Motion to compel documents as to Strength of the Mark

Summary: Represented Venezuelan based car rental company who received cease-and-desist letter after opening a Miami branch from a competitor. Filed declaratory suit of non-infringement and worked with survey expert as to issue of no confusion.

Final Order finding no Evidence of Actual Confusion and Settlement Including Covenant Not to Sue

Sampson Distributing, Inc. v. Science Anabolic Labs International LLC et al

U.S. District Court for the Southern District of Florida, Miami Division · Case No. 1:11-CV-21190-PAS (Trademark Dispute 2011) (Confidential Settlement)

Summary: Represented California based developer of nutraceuticals against allegations of trademark infringement and cybersquatting.

FIT2TRI MultiSport Inc. v. TMG Millwork Inc. et al. (Trademark Dispute 2011)

U.S. District Court for Southern District of Florida (Injunction Granted) · Case No. 0:11-cv-60192-JAL

• Sample Work 1: Complaint for Trademark Infringement and Unfair Competition
• Sample Work 2: Consent Final Judgment and Permanent Injunction

Represented Fort Lauderdale based triathalon training group and retailer against Georgia competitor’s improper use of trademarked name and logo.

Settlement agreement and consent final judgment which included permanent injunction to preclude competitor’s use of Client’s trademarked name.

Vital Pharmaceuticals Inc. d/b/a VPX Redline v. Gaspari Nutrition Inc.,

U.S. District Court for the Southern District of Florida, Miami Div. · Case No. 10-cv-62033-JORDAN (Trade Dress Infringement 2010)

• Sample Work 1: Motion to Dismiss Claim for Failure to Complaint
• Sample Work 2: Motion to Dismiss First Amended Complaint
• Sample Work 3: Reply Memorandum in Further Support of Dismissal

Representing Boston based neutraceutical manufacturer against claims of trade dress infringement brought by Davie based competitor.

Settlement negotiations on-going.

PolyOne Corporation v. Florida Flex Ink Distributors, Inc.

U.S. District Court for the Southern District of Florida (Trademark 2009) · Case No. 1:09-cv-22192-JAL (Settlement)

Summary: Represented Cleveland based manufacturer of screen printing inks against former distributor.

Edgar Otto v. South Florida Bone Marrow / Stem Cell Transplant Institute LLC,

Judicial Circuit in and for Palm Beach County, FL (Trade Secret Dispute 2010)

Summary: Represented South Florida based hyperbaric oxygen group regarding a dispute with former co-venture partner regarding a stem cell therapy.

Gulfshore Pain & Wellness v. Star Asset Recovery Inc.,

Judicial Circuit in and for Hillsborough County, FL (Data Breach Suit 2010) · Case No. 10-CA-012974 (Confidential Settlement)

Summary: Represented Tampa based pain clinic with relating to data breach issue over former IT computer consultants.

Wall Street Group of Companies Inc. v. Northland Explosive Company, Inc.

Seventeenth Judicial Circuit in and for Broward County (Breach of Contract 2010) · Case No. 10-13680 (Motion to Dismiss Granted)

• Sample Work: Motion to Dismiss Complaint for Lack of Jurisdiction Order Granting Motion to Dismiss

Summary: Represented Wisconsin based company who was sued in Fort Lauderdale for breach of contract.

Result: Successfully moved to dismiss case for lack of jurisdiction and improper venue.

PolyOne Corporation v. Kefalas,

American Arbitration Association, Miami Office (Breach of Contract Suit 2009) · Case No. 50-181-T-000600-09 (Settlement)

Represented Cleveland based manufacturer of screen printing inks against former distributor located in Guatemala.