Kirk Watkins

Kirk Watkins

Womble Carlyle Sandridge & Rice, LLP

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Modtruss Stumbles on “Same” Problem with Battlefrog Obstacles - Motion for Preliminary Injunctive Relief Denied

This post follows up on this post on Judge Ross’s Order of June 6, 2016, in which she allowed Modtruss, Inc. (“Modtruss”), to clarify its intent with regard to a prior motion for a temporary restraining order and preliminary...more

6/29/2016 - Irreparable Harm Patent Litigation Preliminary Injunctions Restraining Orders Trade Dress

Judge Totenberg Grants Stay of Litigation Pending IPR Proceeding

ETS-Lindgren, Inc. (“ETS”), as the assignee of U.S. Patent No. 8,331,869 ("the '869 patent") pertaining to testing wireless devices, brought an infringement action against MVG, Inc. (“MVG”), on May 28, 2015. MVG petitioned...more

6/27/2016 - Assignees Discovery Inter Partes Review Proceedings Markman Hearing Order to Stay Patent Infringement

Amendment Moots Motions for Both Parties without Specific Adoption of Prior Filings

The latest order in a patent case in the Northern District of Georgia delves into the procedural niceties of federal practice, illustrating both how form continues to have power over substance and how the Court can...more

6/16/2016 - Patent Infringement Preliminary Injunctions Willful Infringement

Abstract Ideas Cannot be Permitted to Burden the "Basic Tools of Modern-Day Commercial and Social Interaction"

In a case originally filed in 2012, Judge Amy Totenberg granted Judgment on the Pleadings in favor of United Parcel Service, Inc. (“UPS”), and against Mobile Telecommunications Technologies, LLC (“MTel”), relating to U.S....more

3/29/2016 - CLS Bank v Alice Corp Judgment on the Pleadings Patent Litigation UPS

Patent Dispute over Unmanned Aerial Vehicles Launched in the Northern District of Georgia

Burkhard Wiggerich (“Wiggerich”), a German citizen residing in Arnsberg, Germany, commenced a patent infringement action against a Kansas limited liability Company, Blue-Chip Unmanned Aerial Solutions, LLC (“Blue-Chip”), on...more

2/17/2016 - Contributory Infringement Induced Infringement Patent Infringement Personal Jurisdiction Unmanned Aircraft Systems

New Georgia Statute on Bad Faith Patent Cases May Discourage Both Weak and Strong Cases from Being Brought in Georgia

Plaintiff Walter Farmer (“Farmer”) initiated suit in September 2014 asserting infringement of claim 1 of his U.S. Patent No. 7,362,007 (the “’007 Patent”), issued April 22, 2008, and covering uninterruptable power supply...more

1/20/2016 - First-to-File Non-Practicing Entities Patent Infringement Payment Bonds Preemption

Hi-Tech Accuses Dynamic of Trademark Infringement and False Claims of Steroid Powered Products

On September 28, 2015, Hi-Tech Pharmaceuticals, Inc. (“Hi-Tech”), a Georgia corporation, brought a trademark infringement action against Dynamic Sports Nutrition, LLC d/b/a Anabolic Research (“Dynamic”), and Brian Clapp...more

10/7/2015 - Advertising Dietary Supplements False Advertising IP Litigation Office Actions Pharmaceutical Industry RICO Trademark Infringement Trademarks Unfair or Deceptive Trade Practices USPTO

NexusCard Seeks Wonderland in Georgia After Alice Motion in Texas

NexusCard, Inc. (“NexusCard”), a California corporation with its principal place of business in Lake Forest, California, filed a patent infringement action on August 18, 2015, against grocery chain Winn-Dixie Stores, Inc....more

9/25/2015 - Patent Infringement Patent Litigation Patent Royalties Patents Prejudgment Interest Royalties Winn-Dixie Stores

Court Recognizes Alice Decision Potentially Impacts Case by Allowing Late Motion for Judgment on Pleadings

Mobile Telecommunications Technologies, LLC (“Mobile”), initiated a patent infringement case against United Parcel Service, Inc. (“UPS”), in 2012 on U.S. Patent No. 5,786,748 on a method and apparatus for giving notification...more

8/11/2015 - CLS Bank v Alice Corp Judgment on the Pleadings Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents Popular UPS

Individual Inventor Alleges Eli Lilly and BDA Overdosed on Patented Dosage Adherence Tool

In the latest chapter of a year-long battle between an individual inventor and two companies, Lisa Duer (“Duer”), a resident of Woodstock, Georgia, filed her Third Amended Complaint alleging patent infringement, trademark...more

8/4/2015 - Contract Disputes Copyright Copyright Infringement Eli Lilly Equitable Relief Infringement Injunctions Inventors IP License Patent Infringement Patents Pharmaceutical Industry Small Business Trade Dress Trademark Infringement Trademarks

Markman Ruling Construes “Network” Rejecting Parties' Proposals

Plaintiff Microwave Vision, SA (“Microwave Vision”), owner of U.S. Patent No. 7,443,170 (the “‘170 Patent”), brought an action for patent infringement along with MVG Industries, SAS, and MVG, Inc. (collectively “Plaintiffs”)...more

8/3/2015 - Claim Construction Markman Hearing Patent Infringement Patent Litigation Patents Wireless Technology

Southern Mills Files Patent Suit Against Int’l Textiles over its Glide™ Product

Southern Mills, Inc. (“Southern Mills”), a Georgia corporation doing business as TenCate Protective Fabrics, filed a patent infringement action on July 15, 2015 against International Textiles Group, Inc. f/k/a Safety...more

8/3/2015 - Attorney's Fees Direct Infringement Enhanced Penalties Patent Infringement Patent Litigation Patents Willful Infringement

Sugartown Takes on Old Navy in Copyright Infringement Action over Lilly Pulitzer Fashion Designs

Sugartown Worldwide, LLC (“Sugartown”), a Delaware limited liability company with its principal place of business in Pennsylvania, filed suit for copyright infringement, money damages, injunctive relief, seeking destruction...more

7/31/2015 - Copyright Copyright Infringement Fashion Design Fashion Industry Injunctive Relief IP License Retailers

Sarvint Retains Jurisdiction in the Northern District in Another Order from Judge Batten

Judge Batten denied a motion brought by Carré Technologies, Inc. (“Carré”) to dismiss[i] apatent infringement action brought by Sarvint Technologies, Inc. (“Sarvint”) for lack of personal jurisdiction. The Court began by...more

7/28/2015 - Cross-Border Patent Infringement Patent Litigation Patents Personal Jurisdiction Wearable Technology Websites

Comprehensive Ruling on Personal Jurisdiction and Transfer Issues Offers Cautions and Gems for In-house Counsel and Trial Lawyers

In a 46-page order, Judge Timothy Batten denied a motion to dismiss under FRCP 12(b)(2) and (3) for lack of personal jurisdiction and improper venue, or in the alternative to transfer venue brought by OMsignal, Inc....more

7/21/2015 - Federal Rules of Civil Procedure Improper Venue Motion to Dismiss Motion to Transfer Patent Infringement Patent Litigation Patents Personal Jurisdiction Wearable Technology

Patent Case Transferred From Georgia, Plaintiff's Principal Place of Business, To California, Defendant's Principal Place of...

The action was based on alleged infringement of one network routing technology patent owned by Internap and potential infringement of a second patent. Both plaintiff and defendant are Delaware corporations with offices in...more

7/16/2015 - Discovery Forum Selection Patent Infringement Patent Litigation Patents Principal Place of Business

Obligation to Enforce Arbitration under FAA Policy Trumps Motion to Prevent Enforcement of “Clearly Void” Non-Competition...

On May 20, 2015, Judge Dudley H. Bowen of the United States District Court for the Southern District of Georgia, entered an order denying the Motion for Preliminary and Permanent Injunction filed by one of the plaintiffs...more

6/4/2015 - Federal Arbitration Act Franchise Agreements Non-Compete Agreements Restrictive Covenants

PPS Asserts Exclusive Rights To Remote Deposit System For Banks

PPS Data, LLC (“PPS”), a Nevada corporation formerly known as NetDeposit, LLC, commenced a patent infringement action against two Georgia corporations, VSoft Corporation (“VSoft”) and VServe, Inc. (“VServe”) on January 9,...more

2/3/2015 - Patent Infringement Patent Litigation Patents

Guardian Accused Of Wrongfully Treating Humidifier Goo

K2 Concepts, Inc. (“K2”), a Georgia corporation, filed a patent infringement action on October 17, 2014 against Guardian Technologies, LLC (“Guardian”), an Ohio corporation, relating to United States Patent Number 7,422,759...more

1/5/2015 - Patent Infringement Patent Litigation Patents

Eagle Parts Seeks to Fasten Custom Golf Car Supply with Injunction and Damages for Patent Infringement

Eagle Parts & Products, Inc. (“Eagle”), a Georgia corporation with its principal place of business in Augusta, Georgia, filed a patent infringement action on October 3, 2014 against Custom Golf Car Supply, Inc. (“Golf Car”),...more

12/23/2014 - Patent Infringement Patent Litigation Patents

Gamasonic Seeks Lights Out For Solar Goes Green “Copycat” Solar Powered Light

Gamasonic Ltd. (“Gamasonic”), an Israeli corporation with a place of business in Tel Aviv, filed a patent infringement action on September 30, 2014 against Solar Goes Green, LLC (“Solar”), an Indiana corporation, with a...more

12/10/2014 - Patent Infringement Patent Litigation Patents Solar Energy Solar Farm

Court Crushes Krush’s Motions for Preliminary Injunction on Patent Infringement and Trade Secret Misappropriation

Krush Communications, LLC (“Krush”) brought suit in New Jersey in 2013 against Lunex Telecom, Inc., a Georgia corporation (“Lunex”), for patent infringement and misappropriation of trade secrets. ...more

10/28/2014 - Misappropriation Patent Infringement Patent Litigation Patents Trade Secrets

Order Pierces Allegations Unsupported By Receivable Evidence In Granting Summary Judgment To All Parties In IP Dispute

In 2011 EarthCam, Inc. (“EarthCam”) brought suit against Richard Hermann (“Hermann”), OxBlue Corporation, Chandler McCormarck, John Paulson, and Brian Mattern (collectively “OxBlue”) asserting corporate espionage to...more

10/13/2014 - Copyright False Advertising Misappropriation Trade Secrets Trademarks Unfair or Deceptive Trade Practices

11th Circuit: Award of Fees Affirmed in "Objectively Unreasonable" Copyright Action Where Plaintiff No Longer Possessed a Copy of...

On September 24, 2014, in an unpublished opinion the 11th Circuit denied the appeal of InDyne, Inc. (“InDyne”), which asked the Court to vacate an award of attorneys’ fees to Defendants Abacus Technology Corporation, Jerry...more

10/1/2014 - Copyright Copyright Infringement Motion to Vacate

Gilligan’s Island Remake Awash with Copyright Controversy

Travis P. Dunson (“Dunson”) filed suit for copyright infringement, money damages, injunctive relief, attorneys’ fees, as well as damages for breach of implied contract, conversion, unjust enrichment, and quantum meruit...more

9/30/2014 - Copyright Copyright Infringement Television Shows Warner Brothers Entertainment

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