Kirk Watkins

Kirk Watkins

Womble Carlyle Sandridge & Rice, LLP

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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 Manufacturers 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

EPIC Battle Launched Between Flooring Companies Over Trademark Infringement

On August 21, 2014, Shaw Industries Group, Inc. (“Shaw”), a Georgia corporation, and Columbia Insurance Company (“Columbia”), a Nebraska corporation, brought a trademark infringement action against Carlisle Wide Plank Floors...more

9/26/2014 - Cybersquatting Dilution Trademark Litigation Trademarks Unfair Competition Unfair or Deceptive Trade Practices

Blue Force Seeks to Cut Off Supply of Infringing Weapon Slings to U.S. Marines (and others)

Blue Force Gear, Inc. (“Blue Force”), brought two patent infringement actions in June 2014 against Raine, Inc. (“Raine”), an Indiana corporation, and Savvy Sniper , LLC (“Savvy Sniper”), an Ohio corporation, relating to...more

8/14/2014 - Patent Infringement Patent Litigation Patents

Patent Dispute Erupts Over Mobile Digital Recording Devices

Utility Associates, Inc. (“Utility”), a Delaware corporation with a place of business in Tucker, Georgia, filed a patent infringement action on June 12, 2014, against Digital Ally Inc. (“Digital”), a Nevada corporation...more

8/7/2014 - Mobile Devices Patent Infringement Patent Litigation Patents

GDC Seeks to Dock Alumadock for Going Off the Deep End and Committing Patent Infringement

GDC Enterprises, Inc. (“GDC”), a corporation with a place of business in Gainesville, Georgia, filed a patent infringement action on June 3, 2014 against Robco Manufacturing, Inc, d/b/a Alumadock (“Alumadock”), a North...more

8/1/2014 - Patent Infringement Patent Litigation Patents

Bushwacker Accused of Serial Patent Infringement of Hood Protectors

Lund, Inc. (“Lund”), a Delaware corporation with headquarters in Buford, Georgia, initiated a patent infringement action against Bushwacker, Inc., and Bushwacker Automotive Group, LLC (“Bushwacker), Oregon entities, relating...more

7/30/2014 - Patent Infringement Patent Litigation Patents

EZ Products Seeks to Scrub Scrub Buddies Over Cleaning Cloth Design Patent

On May 8, 2014, EZ Products of South Florida, LLC (“EZP”), filed a patent infringement lawsuit against Dollar Tree Stores, Inc. (“Dollar Tree”), a Virginia corporation. EZP asserts patent infringement of United States Design...more

7/7/2014 - Design Patent Patent Infringement Patent Litigation Patents

Reflective Apparel Seeks Declaratory Judgment That Safety Vest Does Not Reflect Competitor's Patent Claims

Reflective Apparel Factory, Inc. (“Reflective”), a Georgia corporation headquartered in Marietta, seeks a declaratory judgment against Carolina Safety Acquisition, LLC (“Carolina”), a Delaware limited liability company...more

6/24/2014 - Patent Infringement Patent Litigation Patents Protective Gear

NewPoint Media Seeks Declaration of Non-Infringement of Easy IP Patent and Copyrights Covering Custom Advertisement Creation

NewPoint Media Group, LLC (“NewPoint Media”), filed a complaint in the Northern District of Georgia seeking a declaratory judgment against Easy Intellectual Property Licenses, LLC (“Easy IP”) declaring that NewPoint Media...more

6/5/2014 - Advertising Copyright Infringement Patent Infringement Patent Litigation Patents Software

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