Case 0:10-cv-60524-WJZ Document 23-5
Entered on FLSD Docket 06/28/2010 Page 1 of 2
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 ) _____________________________ /) [PROPOSED] ORDER ON DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT ON DAMAGES FOR NON-COMPLIANCE WITH MARKING REQUIREMENTS UNDER 35 U.S.C. § 287(a) THIS MATTER HAVING COME BEFORE THE COURT on Defendant’s Motion for Partial Summary Judgment on Damages for Non-Compliance with Marking Requirements Under 35 U.S.C. §287(a). The Court having reviewed the pleadings and supporting Declaration(s), the exhibits, and otherwise being familiar with the case, the Court finds that there is no genuine issue of material fact and that Defendant is entitled to a partial judgment as a matter of law for the reasons stated below:
The evidence of the parties establishes that Plaintiff was not in full compliance with the patent marking statute 35 U.S.C. §287(a) at the time Defendant initially ordered, imported and sold the accused products. The evidence of the parties further establishes that Defendant did not have actual notice of the alleged infringement until the service of
Case 0:10-cv-60524-WJZ Document 23-5
Entered on FLSD Docket 06/28/2010 Page 2 of 2
the Complaint in this action on April 8, 2010. Accordingly, Plaintiff is not entitled to monetary damages for activities occurring prior to that date.
IT IS HEREBY ORDERED that Defendant’s Motion for Partial Summary Judgment is GRANTED.
IT IS SO ORDERED.
Dated:______________________ __________________________ The Honorable William J. Zloch United States District Judge cc: counsel of record: Robert M. Schwartz, Esq. Robert M. Schwartz, P.A. 2445 Hollywood Boulevard Hollywood, Florida 33020 Ury Fischer, Esq. Geoffrey Lottenberg, Esq. Lott & Friedland, P.A. 355 Alhambra Circle, Ste. 1100 Coral Gables, FL 33134
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