Denial of fees vacated where plaintiff filed multiple suits to obtain low-value settlements

Electronic Communication Technologies v. ShoppersChoice.com was decided on July 1, 2020, on appeal from the Southern District of Florida. The district court granted Defendant ShoppersChoice’s motion for judgment on the pleadings invalidating independent claim 11 of Plaintiff ECT’s asserted patent. The Federal Circuit affirmed. Subsequently, the district court denied ShopperChoice’s …

Marking statute limits damages even after the sale of unmarked product ceases

Artic Cat v. Bombadier Recreational was decided on February 19, 2020 on appeal from the Southern District of Florida. Plaintiff Artic Cat entered into a license agreement with a third party, which “expressly stated that [the third party] had no marking obligations.” Thereafter, the third party began making and selling …

After the alleged infringer produces unmarked products, the patentee has the burden to show they’re not covered

Arctic Cat v. Bombadier was decided on December 7, 2017 on appeal from the Southern District of Florida. Before trial, defendant Bombadier unsuccessfully moved for summary judgment on several issues, including that plaintiff Artic Cat’s licensee failed to mark its products. The jury found the asserted patents not invalid, found willful infringement by …

Declaratory action by U.S. manufacturer improper where notice letters targeted foreign distributors for infringing a foreign patent

Allied Mineral v. Osmi was decided on September 13, 2017 on appeal from the Southern District of Florida. In June 2015, Stellar sent notice letters to two Mexican companies, accusing them of infringing Stellar’s Mexican patent. The Mexican companies were distributors of Allied, an American company. Allied manufactures the products accused of infringement in …

Injunction upheld: Defendant didn’t raise a substantial question as to infringement or invalidity

Edge v. Aguila was a nonprecedential case decided on December 21, 2015 on appeal from the Southern District of Florida. There, plaintiff-Edge sued Defendant-Aguila for patent, trademark, and trade dress infringement. After the Magistrate Judge’s recommendation, the district court granted Edge’s motion for preliminary injunction. Aguila appealed. The Federal Circuit affirmed the preliminary injunction …