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Local Counsel RepresentationOur Miami patent attorneys serve as local counsel in intellectual property, technology and complex commercial litigation matters throughout the state of Florida, with specific focus on the Southern District of Florida (including the West Palm Beach, Fort Lauderdale and Miami courthouses) and the Middle District of Florida (including the Tampa, Fort Myers and Orlando divisions).

Moreover, we are well versed in the local rules of both district courts in this area and have well established relationships with South Florida based opposing counsel who routinely represent local companies in the Southeast and Southwest areas of Florida. Therefore, we are able to effectively advocate for the rights of out-of-State litigants against other local intellectual property and technology law firms. Likewise, we enjoy the opportunity to work with out-of-state practitioners as we often require the services of referring counsel when we file suit in forums outside of Florida.

Our local counsel services are tailored to fit the needs of each out-of-state practitioner and the clients that they represent. We are happy to assist in addressing the pitfalls and intricacies of the local rules of both the Southern District of Florida and the Middle District of Florida. Likewise, we have state of the art facilities in our Miami office to assist in holding coinciding depositions, as well as maintain offices for visiting attorneys and their out of state clients while they are in town. Our friendly staff helps with the logistics of advocating and/or defending intellectual property claims in South Florida – including assistance with reserving area hotels close to our offices (in which our law firm maintains various discounted corporate rates).   We take the guesswork out of advocating in South Florida, including help with arranging travel back and forth from the area airports.

Typical Services offered in Local Counsel Representation:

  1. Review of pleadings, motions and oppositions for Local Rule compliance:   We help process filings from out-of-state attorneys, including preparation for e-filing under our local filing procedures. We help in reviewing these motions for local rule compliance including Rule 7.01 compliance, fonts, page lengths and captions.
  2. Preparation of local witness statements and interviews: In addition with motion practice, we help assist in interviewing local witnesses who may be Rule 26 witnesses in a particular lawsuit, preparation of statements, including appropriate declarations to later assist in motion practices.
  3. Organizing, hosting and taking depositions of fact witnesses: After identifying key witnesses, we will help organize, host and attend depositions.   We can organize the logistics for such hearings, prepare notices of deposition, and ensure service of such notices.
  4. Selections of mediators, hosting mediations and related coordination: Mediation is typically required under our Local Rules. Our team helps select the right mediator from our local pool, help determine the proper timing for a mediation based upon the nature of the case, as well as maintain facilities to help host such mediations.
  5. Visiting attorney office space and logistics help: We not only help with the legal issues that face out-of-town practitioners, but we help with providing a platform in which they can maintain their practices while visiting South Florida for a deposition, hearing or mediation.
  6. Setting, preparing for and attending hearings before local judges: Hearings are a key issue with representing litigants out of state.    We help coordinate hearing dates and time, assist in preparing for hearings, attending those hearings, and indeed making oral arguments.

Examples of Local Counsel Assistance:

  1. Trademark Infringement Disputes

Drew Estate Holdings Co. LLC v. Fantasia Distribution Inc. v. Starbuzz Tobacco Inc.

U.S. District Court for the Southern District of Florida, Miami Div.

Case No. 11-21900-CV-ALTONAGA/SIMONTON

Summary of Representation:   Served as local counsel for California based Starbuzz Tobacco as third-party defendant in trademark dispute.    Assisted in all phases of motion practice, including oral arguments in key hearings before Federal judge. Helped secure successful grant of summary judgment and award of attorneys fees and costs.

Vital Pharmaceuticals Inc. d/b/a VPX Redline v. Gaspari Nutrition Inc.,
U.S. District Court for the Southern District of Florida, Miami Div.
Case No. 10-cv-62033-JORDAN (Trademark Infringement Dispute 2010)

Summary of Representation:   Served as local counsel on behalf of Garpari Nutrition Inc. Worked hand-in-hand with Boston based intellectual property counsel with preparing responsive pleadings, motion to compel, selection of mediator and helped established negotiated confidential settlement terms.

TransAmerica Corp v. Moniker On-Line Services
U.S District Court for the Southern District of Florida (Trademark 2009)
Case No. 0:09-cv-60973-CMA (Confidential Settlement)

Summary of Representation:   Represented national insurance carrier TransAmerica Corp. in a key trademark infringement and cybersquatting dispute against local registrar of domain names. Assisted Washington D.C. and Philadelphia basedwith motion practice – including attending a key motion to dismiss hearing.

1.     Copyright Infringement Disputes

Your Baby Can LLC v. Planet Kids et al,
U.S. District Court for the Southern District of Florida, West Palm Div.
Case No. 10-81266-CIV-MARRA (Trademark & Copyright Infringement Suit 2010)

Summary of Representation:   Represented nationally acclaimed early reading system Your Baby Can in West Palm Beach action against local collection of nursery schools who had improperly copied DVDs and other materials without authorization or license. Assisted Los Angeles based counsel in interviewing key witnesses, work with local investigators, and taking key depositions. In addition, we assisted in selecting a local mediator, attending deposition, and negotiating a positive settlement agreement for the copyright holder.

2.     Patent Infringement Disputes

For Life Products Inc. et al v. Perfect Products Inc.,

U.S. District Court for the Southern District of Florida, Fort Lauderdale Division

Case No. 0:11-CV-60700-JIC (Patent Infringement Suit 2011)=

Summary of Representation:   Represented Tulsa based Perfect Products in patent infringement suit against local South Florida patent holder.    Worked with Tulsa law firm to assist in preparing a motion to dismiss and attending related hearings.

3.     Complex Commercial Disputes

Wall Street Group of Companies Inc. v. Northland Explosive Company, Inc.
Seventeenth Judicial Circuit in and for Broward County, FL (Breach of Contract 2010)
Case No. 10-13680 (Dismissed)

Summary of Representation:   Represented Wisconsin based Northland Explosive in a motion to dismiss for want of jurisdiction. Successfully transferred case from Fort Lauderdale to Wisconsin after detailed motion hearing with oral arguments.

YOUR SOUTH FLORIDA OFFICE

Let us be your South Florida office for assisting as local counsel for out-of-town intellectual property and technology litigation matters. We enjoy and welcome the opportunity to co-counsel cases with out-of-state practitioners and their clients. Our assistance goes beyond pushing the button for e-filings. We provide complete solutions to help in local investigations, taking local witness depositions, and attending key hearings before local judges. We aren’t scared or intimidated to go to court and argue complex motions. Likewise we help take the guess work out of organizing cases for litigants outside our state.