Luis Gonzalez is our Latest Featured Speaker!

Our latest featured speaker is Luis Gonzalez from Holland & Knight!

Luis will be speaking at our upcoming 8th Annual Circuit Court Boot Camp seminar in Orlando on June 7th. He also spoke at our 6th Annual Circuit Court Boot Camp, and we’re so glad to have him back!

Luis Gonzalez is an employment and liquor license attorney in Holland & Knight’s Orlando office. From providing representation in employment matters and contract disputes to advising how to obtain a distributor or restaurant liquor license, Mr. Gonzalez offers clients an in-depth understanding of a broad subject matter.

Mr. Gonzalez helps clients enforce noncompetition and nonsolicitation agreements, protect trade secrets, conduct internal investigations and resolve contract disputes and business torts. In addition, he represents employers in litigation involving a broad range of employment-related matters, including claims of discrimination, wage and hour violations, the Family and Medical Leave Act (FMLA), whistleblower/retaliation and sexual harassment. He represents clients before federal and state courts and in arbitration. He has experience with collective actions under the Fair Labor Standards Act (FLSA) and class action claims under the Fair Credit Reporting Act (FCRA). Mr. Gonzalez counsels companies on handling high-risk employee terminations and layoffs to avoid litigation.

Mr. Gonzalez counsels all segments of the alcohol industry – including craft breweries, suppliers, wholesale distributors, restaurants, hotels, bars, nonprofits and clubs – in liquor licenses, tax, promotions, marketing and administrative enforcement actions. He guides clients through concession, catering and food and beverage agreements, among other related agreements. Additionally, he assists with mergers and acquisitions involving the transfer or acquisition of liquor licenses.

Previously, Mr. Gonzalez was in law enforcement as a uniformed and undercover investigator, SWAT team member and K-9 handler. He also served as a special agent and special agent supervisor with the Florida Division of Alcoholic Beverages and Tobacco. This unique background offers clients a valuable perspective in investigating and defending employee claims and in navigating the heavily regulated alcohol beverage industry.

Mr. Gonzalez dedicates a portion of his time to pro bono matters, including representing families seeking guardianship of elderly parents and disabled adults. He is a member of the Orlando Diversity Committee, whose purpose is to promote, celebrate, support and encourage diversity within the office and business community.

When a Sale is an Authorized Sale: Impression Products v. Lexmark International

Adrienne Naumann recently spoke for our United States Federal Intellectual Property Developments 2018-2019 Webinar, offering her expertise for both the webinar and the corresponding E-Book. She established her own practice in 1996, exclusively focusing on intellectual property law. We’re so glad to be able to share her article here!

In Impression Products, Inc. v. Lexmark International, Inc., 137 S. Ct. 1523 (2017) [hereinafter ‘Impression Products’ and ‘Lexmark’] the United States Supreme Court [hereinafter ‘the Court’] held that a patent owner’s voluntary transfer of a U.S. patented item for value is the only requirement for an authorized sale of that item. The Court also held that a purchaser’s non-compliance with post sale restrictions does not result in this sale becoming unauthorized. Authorization is critical, because without it the patent owner retains patent rights in the item and a purchaser’s activity may result in patent infringement. In contrast, with an authorized sale a consumer receives a product of a patented technology free and clear of these patent rights.

Lexmark sold its U.S. patented toner cartridges to Impression Products under a sales agreement which prohibited the purchaser’s reuse and resale. Subsequently, Lexmark filed a U.S. patent infringement suit based upon Impression Products’ sales of toner cartridges initially sold in (i) the United States and (ii) other countries and then imported into the United States. The trial court dismissed the infringement suit for U.S. sales based upon patent exhaustion, but it did not dismiss the lawsuit based upon foreign sales and patent exhaustion.[1]

The en banc U.S. Court of Appeals for the Federal Circuit [hereinafter ‘the Federal Circuit’] held that for the patent owner’s sales occurring in the United States, Lexmark’s lawful post-sale restrictions, with adequate notice, prevents patent exhaustion. For Lexmark’s initial international sales, the Federal Circuit held that a U.S. patent owner does not forfeit the right to prevent infringing products from entering the U.S. The Federal Circuit did not follow Kirtsaeng v. John Wiley & Sons, Inc., 568 U.S. 519 (2013) [hereinafter ‘Kirtsaeng] which held that that a U.S. copyright owner does not retain rights to tangible items containing copyright if the owner voluntarily sells these items outside the United States.

The Court reversed the Federal Circuit and held that a U.S. patentee’s voluntary sale of patented items in the United States is authorized and exhausts all U.S. patent rights in those products. It further held that a sale is authorized even if there is non-compliance with contractual post-sale restrictions. The Court relied in part upon Quanta Computers, Inc. v. LG Electronics, Inc., 553 U.S. 617 (2008) which held that a patentee’s authorized sale through its licensee removed products from patent protection. The Court stated that extending U.S. patent rights beyond the first sale adversely affects business, especially in transactions with used products. However, the Court further stated that a breach of contract lawsuit for non-compliance with post-sale restrictions was a possible remedy.

For international sales, the Court found Kirtsaeng controlling, and so a patentee’s authorized sale of a product item anywhere in the world also exhausts patent rights. In sum, post-sale restrictions and sale location do not result in patent infringement by the purchaser, because the only relevant inquiry is whether the patentee voluntarily transferred an item of patented technology for a one-time financial reward.

 

[1] Patent exhaustion is defined as the absence of patent rights in a product after a patentee’s voluntary sale of a product, and where that product is a tangible representation of a U.S. patented technology. A licensee in the present context is defined as those rights transferred to another by a patent owner to use, sell or create the patented technology, but without transferring ownership of the patented technology.

Kimberly Lorenz is our Latest Featured Speaker!

Our latest featured speaker is Kimberly Lorenz from Davey Law Group!

Kimberly will be speaking at our upcoming 8th Annual Circuit Court Boot Camp seminar in Orlando on June 7th. She also spoke at our 5th and 6th Annual Circuit Court Boot Camps, where attendees raved about her presentations. Welcome back, Kimberly!

Kimberly is a civil trial attorney representing national retail, hospitality, entertainment, and corporate clients, as well as individuals and small businesses throughout the state of Florida. She takes pride in being the go-to for all her clients’ litigation needs, from small questions and pre-need counseling through a jury trial, and has zealously represented her clients in the areas of commercial and business litigation, premises liability, negligent hiring/retention, and probate litigation. She provides her clients with efficient, effective and aggressive representation, as well as on-call employment and HR assistance, risk management, compliance assessments and loss-shifting strategies to protect her clients from future loss and claims.

A Double-Gator, Kimberly graduated Cum Laude from the University of Florida’s Levin College of Law and holds a Bachelors’ degree in Journalism. She is routinely recognized by Super Lawyers as a Top Young Lawyer and Rising Star in Florida, and by the Orange County Bar Association for her outstanding commitment and service as a Guardian Ad Litem.

Judd Rosen is our Latest Featured Speaker!

Our latest featured speaker is Judd Rosen from Goldberg & Rosen Trial Attorneys!

Judd Rosen will be speaking at our upcoming 8th Annual Circuit Court Boot Camp seminar in Fort Lauderdale on June 6th. This is his first time speaking with us, and we’re looking forward to his presentation!

Judd G. Rosen has taken on and defeated some of the largest insurance companies and corporations in the United States, winning substantial financial settlements for deserving clients. In the past 15 years, Mr. Judd G. Rosen has obtained over $50 million dollars in verdicts and settlements for his clients. He won verdicts in excess of $1 million dollars before the age of 30 and combined verdicts over $50 million dollars before the age of 40. Mr. Rosen has been an invited lecturer throughout the state of Florida on trial skills and the art of trial work. He has been involved in almost every type of catastrophic case, including medical malpractice, wrongful death, severe automobile injuries and product liability cases. Mr. Rosen has earned the respect of his colleagues, the major insurance companies, the legal society through hard work, dedication and always practicing law with the highest level of professionalism.

Jeffrey Fleming is our Latest Featured Speaker!

Jeffrey will be speaking at our upcoming 8th Annual Circuit Court Boot Camp seminar in Orlando on June 7th. He also spoke at our 6th Annual Circuit Court Boot Camp, and we’re so glad to have him back this year!

Jeffrey Fleming was appointed Orange County Judge in 2002 and Ninth Circuit Judge in 2006. Following his appointment, Mr. Fleming was later elected to each post without opposition. He also had the privilege of serving as Associate Judge on the Fifth District Court of Appeal.

Before he was a judge, Jeff was a trial lawyer. He tried cases in both state and federal court and also appeared as appellate counsel. As a judge, he presided over a wide variety of matters including all types of civil, criminal, domestic, juvenile, probate, guardianship and mental health cases.

In 2013, after 11 years on the bench, Jeff decided to resume his practice as a Board Certified Civil Trial Lawyer and to develop an active mediation practice. He now devotes his time as a Florida Supreme Court Certified Circuit, Appellate and Family Law Mediator as well as a Certified U.S. District Court Mediator – Middle District of Florida. Jeff has also served as an arbitrator and has been appointed as a Special Magistrate in multiple jurisdictions.

Peter Sotolongo is our Latest Featured Speaker!

Peter will be speaking at our upcoming 8th Annual Circuit Court Boot Camp seminar in Fort Lauderdale on June 6th. This is his first time speaking with us, and we’re looking forward to his presentation!

Peter Sotolongo is the founder of Sotolongo Law. He focuses his practice on Admiralty and Maritime law, Personal Injury and Medical Malpractice. Mr. Sotolongo attended John Jay College of Criminal Justice in New York City, where he obtained his Bachelors’ degree in Criminal Justice. Thereafter, he moved to Miami, Florida where he worked as a Bailiff in the Miami-Dade County Courthouse, Circuit Civil Division for four years. During this time, Mr. Sotolongo had the privilege of observing hundreds of trials. Realizing this was his calling, Mr. Sotolongo attended Nova Southeastern University, Shepard Broad Law Center, where he received his Juris Doctorate in 2002. A native of Cuba, Mr. Sotolongo migrated to the United States in 1980 with his family at age nine. Mr. Sotolongo enjoys living a healthy lifestyle, reading and helping those in need. Mr. Sotolongo is admitted to practice by The Florida Bar and the U.S. District Court, Southern District of Florida.

Jennifer Liu is our Latest Featured Speaker!

Our latest featured speaker is Jennifer Liu from The Liu Law Firm!

Jennifer will be speaking at our upcoming 15th Annual Federal Court Boot Camp: The Nuts and Bolts seminar in San Francisco on May 17th. She also spoke at our 2018 Federal Court Boot Camp, and we’re so glad to have her expertise again!

Jennifer Liu is the Managing Partner of The Liu Law Firm, P.C., where she represents individuals in litigation and negotiation in all areas of employment law. Ms. Liu focuses on employment discrimination, wage and hour violations, and employment contracts and agreements. She also represents victims of civil rights violations and abuse, including survivors of campus sexual assault, sexual abuse, and intimate partner violence.

Ms. Liu has litigated dozens of cases in federal and state courts across the country and has helped recover over $100 million on behalf of workers and employees. She frequently represents employees in the financial services and technology industries. She has been named a Rising Star by Super Lawyers Magazine in 2017 and 2018.

Ms. Liu is an active member of the legal community and regularly speaks and publishes on employment law issues. She is the Employee Co-Chair for the ABA Annual Meeting for the Section of Labor & Employment law, serves on the Planning Committee for the ABA Section of Labor & Employment Law National Conference on Equal Employment Law, and is a member of the California Employment Lawyers Association Wage & Hour Committee. She is an Associate Editor of the treatise Employment Discrimination Law (Lindemann, Grossman, & Weirich), an editor of Zero Tolerance: Best Practices for Combating Sex-Based Harassment in the Legal Profession (ABA Commission on Women in the Profession) and has served as an editor for numerous publications and treatises.

Prior to founding The Liu Law Firm, P.C., Ms. Liu was an Associate with Outten & Golden LLP. Ms. Liu also served as a Law Clerk to the Honorable John G. Koeltl of the United States District Court for the Southern District of New York. She received her B.A., magna cum laude, from Harvard University, where she graduated Phi Beta Kappa, and she earned her J.D./M.B.A. from Stanford Law School and the Stanford Graduate School of Business. Before law and business school, Ms. Liu worked as an equity research analyst for Janus Capital Group, an investment management firm. She has passed Levels I, II, and III of the Chartered Financial Analyst program.

Jeffrey Davis is our Latest Featured Speaker!

Our latest featured speaker is Jeffrey Davis!

Jeffrey will be speaking at our upcoming seminar, The Plaintiff Attorney’s Guide to Handling the Medical Malpractice Pre-suit, in Fort Lauderdale on May 10th. This will be his first presentation with us, and we’re looking forward to it!

Jeffrey Davis grew up in Massapequa, Long Island, New York. He attended college at the State University of New York at Stony Brook where he graduated with high honors in 1983. Mr. Davis then attended law school at the University of Miami School of Law where he graduated in 1986. He was admitted to The Florida Bar that same year.

Jeffrey Davis has practiced in the area of Plaintiff’s personal injury, wrongful death and medical malpractice exclusively. After working as an associate in a Plaintiff’s injury firm, Mr. Davis formed his own practice in 1997.

As a practicing lawyer, Jeffrey R. Davis has served on various committees of The Florida Bar, including several grievance committees and committees on the unauthorized practice of law. He has held memberships in several local, state and national lawyer organizations and is admitted to practice law in both Federal and State Court.

Micha Star Liberty is our Latest Featured Speaker!

Our latest featured speaker is Micha Star Liberty from Liberty Law!

Micha will be speaking at our upcoming 15th Annual Federal Court Boot Camp: The Nuts and Bolts seminar in San Francisco on May 17th. This is the first time that Micha will be speaking for us, and we’re so excited to have her insight!

Micha is the owner of the Liberty Law Office — a diverse legal practice primarily representing individuals who have suffered a serious injury or abuse, including child sexual abuse. The firm also represents employees who have been harassed or discriminated against in the workplace. Micha has also assisted businesses with finding a common ground when releasing an employee on best terms.

Ms. Liberty is a frequent lecturer and published author, focusing much of her public speaking on trial practice, discovery techniques, the importance of mentoring, and best practices for opening a law office and law office management.

In 2015, the Consumer Attorneys of California — an organization made up of more than 3,000 lawyers in California alone — presented her with the Street Fighter of the Year award at their 54th annual convention held at The Palace in San Francisco. Ms. Liberty was granted the award after holding the Contra Costa County School District accountable for a child sexual molestation case in which school officials were aware of the abuse and took no action.

Every year since 2005, she’s been given the Presidential Award of Merit. In 2005 and 2006 she was presented the Defender of Justice Award and the Outstanding Service Award, respectively. In 2018, she was awarded the Women’s Advocate of the Year Award for her hard work on legislation and for prosecuting numerous cases in the #metoo era.

Ms. Liberty was a contributing author and editor for the following practice guides: California Client Communications Manual, and California Basic Practice Handbook, both published by Continuing Education of the Bar.

Aside from her thriving law practice, she is a certified mediator with over 40 hours of training, and she has performed private mediations as well as mediations for the Contra Costa Superior Court.

Ms. Liberty has worked at the White House and for two Members of Congress: for U.S. Representative Mel Watt, from North Carolina, and for U.S. Representative Anna Eshoo. She has also served as a judicial extern to Senior United States District Court Judge Thelton E. Henderson. While in law school, she served as a Moot Court Board member, teaching assistant, and an editor for the Women’s Law Journal.

In addition to her work on behalf of injured and aggrieved people, Ms. Liberty is active in her legal and political communities. She served as the President of the Alameda-Contra Costa County Trial Lawyers Association, and was Vice President of the State Bar of California. She is also on the governing boards of several professional legal organizations.

Seth Miles is our Latest Featured Speaker!

Our latest featured speaker is Seth Miles from Buckner + Miles!

Seth will be speaking at our upcoming The Plaintiff Attorney’s Guide to Handling the Medical Malpractice Pre-suit seminar in Fort Lauderdale on May 10th. He also spoke at our Personal Injury Law in Florida seminar in 2018, where attendees reviewed his presentation very highly. Welcome back, Seth!

Seth is an experienced trial lawyer successfully litigating personal injury, wrongful death, medical malpractice, maritime, class action, commercial tort, and qui tam cases. In each area, Mr. Miles has had clients recover in excess of one million dollars. In total, his recoveries for his clients exceed $250,000,000.

In one of the pivotal cases in his career, Seth received an $80 million verdict on behalf of three Cuban migrants forced to work as modern day slaves at a drydock. As a result of his work on this case, he was honored with the prestigious “Most Effective Lawyer” award given by the Daily Business Review.

Mr. Miles was also selected to serve on the Plaintiff’s Executive Committee for the crash of American Airlines Flight 331, and chosen as Liaison Counsel for nationwide force-placed flood insurance claims against J.P. Morgan Chase that resulted in a $22.5 million settlement.

He currently serves on the Southern District of Florida’s Bar Grievance Committee and the Florida Bar’s Constitutional Judiciary Committee. In addition, Seth was selected by the Florida Supreme Court to serve on the Civil Jury Instruction Committee.

Prior to entering private practice, Seth served as an Assistant United States Attorney in the criminal division of the United States Attorney’s Office in the Southern District of Florida. While serving as an Assistant United States Attorney, he tried numerous jury trials on matters ranging from airplane skyjacking to healthcare fraud and argued before the Eleventh Circuit Court of Appeals multiple times.