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Case 0:10-cv-60524-WJZ Document 50 Entered on FLSD Docket 09/17/2010 Page 1 of 12 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA CASE NO: 10-CV-60524-ZLOCH/ROSENBAUM PLASTICASE, INC., a Foreign corporation ) ) Plaintiff ) ) vs. ) ) INVICTA WATCH COMPANY ) OF AMERICA, INC., ) a Florida corporation ) ) Defendant ) _____________________________ /) DEFENDANT’S MOTION AND INCORPORATED MEMORANDUM TO BIFURCATE ISSUES OF LIABILITY AND DAMAGES Defendant, Invicta Watch Company of America, Inc., moves for an Order bifurcating the liability and damage issues in this matter. A separation of these issues will streamline the trial, promote judicial economy and eliminate prejudice to Invicta, which is already occurring. Defendant makes this Motion pursuant to Federal Rule of Civil Procedure 42(b). I. Factual Background: This action arises out of Plaintiff’s allegations that Invicta wrongfully copied its now-patented design for a plastic carrying or storage case. The lawsuit sounds in patent infringement, federal false designation of origin and Florida unfair competition.1 1 These last two causes of action were recently added by amended complaint when Plaintiff became concerned that its patent infringement theory would not produce damages. The claims, really trade dress claims, are the subject of a Motion to Dismiss Counts III and IV. (D.E. 47) However, in the event that they are not dismissed, these causes of action are also easily bifurcated between liability and damages. The same analysis applies.

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