Inequitable Conduct

273 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Ins. Co. of N. Am. v. Bd. OF Educ. OF Indep. Sch. Dist. NO. 12
  196 F.2d 901· 10th Cir.· 1952-05-05 ·cited 2×
  The court held that the insurance company's conduct suspended the one-year statute of limitations, but the insured failed to file suit within a reasonable time after denial of liability.
• Voyles v. Glavin
  335 So. 3d 200· Fla. 5th DCA· 2022-03-03 ·cited 1×
  The Florida District Court of Appeal reversed a probate court's award of $220,042.82 in attorneys' fees and costs against the appellant for contesting a will, finding the trial court lacked jurisdiction to award fees after the appellant voluntarily withdrew his objections and tha
• Shaw v. Shaw
  311 So. 3d 1037· Fla. 1st DCA· 2021-02-18 ·cited 1×
  The appellate court reversed a trial court's order requiring the former wife to pay her own attorney's fees. While affirming other aspects of the trial court's judgment, the appellate court found that the trial court failed to make the necessary factual findings regarding need, a
• Q.H. c/o AMY Hill v. Sunshine State Health Plan, Inc.
  307 So. 3d 1· Fla. 4th DCA· 2020-10-07 ·cited 1×
  The AHCA's prior authorization criteria for growth hormone treatment cannot be applied rigidly as the sole measure of medical necessity under EPSDT; instead, EPSDT requires individualized review of each child's particular needs and circumstances, taking into account the treating
• Jeremy Off. v. Sherry Off.
  Fla. 4th DCA· 2020-01-08 ·cited 1×
  A trial court's award of attorney's fees in a family law enforcement proceeding must be supported by specific factual findings establishing either the prevailing party's need for fees or the other party's inequitable conduct.
• Williams v. Prepared Ins. Co.
  274 So. 3d 398· Fla. 4th DCA· 2019-06-12 ·cited 1×
  A party and its attorney cannot be sanctioned with dismissal for a non-party witness's failure to appear for deposition, as no authority requires a party to produce a fact witness for deposition. The trial court abused its discretion by striking pleadings without identifying a sp
• Anne Marie Corominas v. Ajay Dev. Grp., LLC
  267 So. 3d 22· Fla. 4th DCA· 2019-03-13 ·cited 1×
  A trial court must make detailed factual findings predicated on a high degree of specificity to support an award of attorney's fees based on bad faith conduct under the inequitable conduct doctrine.
• Anderson v. McDONOUGH
  189 So. 3d 266· Fla. 2d DCA· 2016-04-08 ·cited 1×
  The appellate court reversed an award of attorney's fees and costs against William Anderson following his unsuccessful will contest. The court found the fee award was not supported by statute or evidence of bad faith litigation, and the costs award included non-recoverable overhe
• Johnson & Johnson Vision Care, Inc. v. Ciba Vision Corp.
  648 F. Supp. 2d 1294· M.D. Fla.· 2009-08-14 ·cited 1×
  The court held that Johnson & Johnson's Acuvue Oasys lens infringes CIBA's patents regarding oxygen permeability and transmissibility, finding that the measured oxygen permeability, which varies with thickness due to boundary effects, meets the patent's requirements.
• Elan Corp., PLC v. Andrx Pharms., Inc.
  272 F. Supp. 2d 1325· S.D. Fla.· 2003-03-24 ·cited 1×
  The court held that Elan's patent is invalid due to the on-sale bar because Elan commercially offered to sell an embodiment of its patent more than one year prior to the patent's filing date.
• Dow Chem. Co. v. Mee Indus.
  264 F. Supp. 2d 1018· M.D. Fla.· 2002-09-19 ·cited 1×
  The court found that the defendants failed to prove the patents were invalid due to the on-sale bar or obviousness, and that Dow failed to establish damages.
• W.L. Gore & Assocs., Inc. v. Int'l Med. Prosthetics Research Assocs., Inc.
  975 F.2d 858· Fed. Cir.· 1992-09-16 ·cited 1×
  The court held that a patent infringement claim, even with an unadjudicated bifurcated defense, can be finally adjudicated and certified for appeal under Rule 54(b) if dispositive defenses have been resolved.
• Kimberly-Clark Corp. v. The Procter & Gamble Distrib. Co., Inc.
  973 F.2d 911· Fed. Cir.· 1992-08-26 ·cited 1×
  The court held that a settlement mooted infringement issues, but priority and enforceability issues under 35 U.S.C. § 291 remain justiciable. Joint inventorship under 35 U.S.C. § 116 requires some collaboration, and the court affirmed the finding of no inequitable conduct.
• In re van Geuns
  946 F.2d 845· Fed. Cir.· 1991-10-02 ·cited 1×
  The court held that the 1984 Patent Law Amendments Act preserved both direct appeal to the Federal Circuit and civil action in district court as valid routes for reviewing Patent Office interference decisions, and thus would not enjoin parallel litigation.
• Darda Inc. USA v. Majorette Toys (U.S.) Inc.
  627 F. Supp. 1121· S.D. Fla.· 1986-01-13 ·cited 1×
  The court held that the patents in suit were valid and not obvious, and that the defendants failed to prove their counterclaims.
• The Noco Co. v. Deltona Transformer Corp.
  M.D. Fla.· 2025-08-31
  The court held that the defendants adequately pleaded inequitable conduct under Rule 9(b) and denied the plaintiff's motion to dismiss and motion to strike.
• Forrey v. Marlin Constr. Grp., LLC
  Fla. 6th DCA· 2024-09-30
  A trial court abuses its discretion when awarding bad faith attorney fees without making specific findings that each sanctioned party acted in bad faith, and when awarding fees for work that was inextricably intertwined with the underlying claims rather than only fees directly ca
• XYZ Corp. v. The Individuals
  S.D. Fla.· 2024-08-12
  The court granted in part and denied in part Plaintiff's motion, striking some affirmative defenses and dismissing one counterclaim for insufficient pleading of fraud and intent.
• The Noco Co. v. Deltona Transformer Corp.
  M.D. Fla.· 2024-06-17
  The court held that the defendants sufficiently pleaded claims for unenforceability based on inequitable conduct, thus denying the motion to dismiss.
• Clevenger v. Insight Bldg. Co., LLC
  Del. Ch.· 2023-12-20
  The Court of Chancery lacks subject matter jurisdiction over a petition seeking reformation of a contract because a sufficient remedy is available through a declaratory judgment in the Superior Court. Furthermore, the petition fails to adequately plead the elements required for r
• KPR U.S., LLC v. LifeSync Corp.
  S.D. Fla.· 2023-08-27
  In this patent infringement case involving electrocardiogram electrode lead wire connectors, the court dismissed the defendant's counterclaims alleging that the patents were procured through the original patentee's inequitable conduct before the USPTO, finding that the defendant
• Hammann v. Adamis Pharms. Corp.
  Del. Ch.· 2023-08-23
  The Court of Chancery held that the plaintiff's claims challenging the 2021 director election were moot because a subsequent election had occurred and the terms of the directors elected in 2021 had expired. The court further found that the "capable of repetition, yet evading revi
• DR. Erdag Goknar, Ph.d. v. Esin I. Goknar and Eren U. Goknar
  Fla. 2d DCA· 2023-06-23
  The appellate court reviewed orders awarding attorney's fees. While affirming most of the awards, it reversed the portion of the orders that granted "fees for fees" (attorney's fees incurred in litigating the amount of attorney's fees). The court found the appellant was not given
• Domingo Bernardo v. Biemer
  Fla. 4th DCA· 2023-05-17
• Domingo Bernardo v. Biemer
  Fla. 4th DCA· 2023-05-17
  A trial court abuses its discretion by awarding bridge-the-gap alimony when the payee's income exceeds the payor's and no evidence supports imputing additional income to the payor, and attorney's fees awards under the inequitable conduct doctrine require detailed factual findings
• Sound Around, Inc. v. Hialeah Last Mile Fund VII LLC
  S.D. Fla.· 2023-04-07
  The court held that a genuine issue of material fact exists regarding whether Sound Around's conduct constituted gross negligence, thus preventing summary judgment on the reformation claim. However, the court found a mutual mistake in omitting HLM from the agreement.
• McArdle v. McArdle
  Fla. 4th DCA· 2023-01-11
  The specific statutory or contractual basis for a claim for attorney's fees need not be specifically pleaded; citing section 61.16 instead of a marital settlement agreement's fee provision does not waive entitlement to fees where the opposing party received sufficient notice of t
• Steel Supplements, Inc. v. Blitz NV, LLC
  M.D. Fla.· 2023-01-10
  Steel Supplements, Inc. and Dan Bilzerian's company Blitz NV, LLC disputed a personal services contract under which Bilzerian, a social media influencer, would promote Steel Supplements' bodybuilding products in exchange for a 10% commission on gross sales. Steel Supplements alle
• Iqris Techs. LLC v. Point Blank Enters., Inc.
  S.D. Fla.· 2023-01-05
  The court held that a party waives attorney-client privilege over communications concerning the subject matter of their disclosed instructions to counsel when those instructions are offered to explain a delay that forms the basis of an inequitable conduct counterclaim.
• LEE v. Katja Susanna LEE
  352 So. 3d 420· Fla. 2d DCA· 2022-11-30
  This case consolidates appeals from a family law action and a partition action. The appellate court reversed the trial court's decisions regarding equitable distribution, alimony, and attorney's fees in the family law case, and reversed the denial of consolidation and the denial
• LEE v. Katja LEE
  352 So. 3d 420· Fla. 2d DCA· 2022-11-30
  This case consolidates appeals from a family law action and a partition action concerning marital assets after a divorce granted in Finland. The appellate court reversed the trial court's decisions regarding equitable distribution, alimony, and attorney's fees, finding the trial
• Taco Metals, LLC v. Gem Prods., Inc.
  M.D. Fla.· 2022-10-26
  The court denied Taco's motion to dismiss GEM's inequitable conduct counterclaim but granted GEM's motion to strike and dismiss Taco's reply counterclaim.
• Rich v. Rich
  Fla. 2d DCA· 2022-08-31
  The appellate court reversed a trial court's order awarding attorney's fees to the former husband and denying fees to the former wife. The reversal was based on a prior related appeal that required a new trial on key issues, necessitating reconsideration of the fee award.
• O'Boyle v. Town of Gulf Stream
  Fla. 4th DCA· 2022-06-01
  This case clarifies the scope of "reasonable costs of enforcement" under Florida's Public Records Act. The appellate court held that the statute does not allow for attorney's fees incurred in litigating the amount of fees or for the work of non-testifying associates of an expert
• Pierce Mfg., Inc. v. E-One, Inc.
  M.D. Fla.· 2022-02-16
  The court denied plaintiffs' motion for enhanced damages, finding that the case did not warrant such an award despite a finding of willful infringement.
• Madsen Marcellus, JR. v. Peterson
  330 So. 3d 573· Fla. 4th DCA· 2021-10-27
  In a post-dissolution of marriage case, the husband appeals an award of $282,105.34 in attorney's fees granted to the wife. The appellate court affirms the trial court's determination that the wife is entitled to attorney's fees based on the husband's bad faith conduct, but rever
• DeCurtis LLC v. Carnival Corp.
  S.D. Fla.· 2021-04-20
  The court adopted the magistrate judge's reports and recommendations, modifying them to dismiss certain claims with prejudice and denying leave to amend.
• Hallmark Speciality Ins. Co. v. Lion Heart Surgical Supply LLC
  S.D. Fla.· 2020-12-11
  The court held that a motion for judgment on the pleadings must be denied because the pleadings do not conclusively establish that reformation of the insurance policy is precluded.
• LAW Firm of Spector v. Davis
  Fla. 2d DCA· 2020-02-26
  A trial court's award of attorney's fees based on inherent authority to sanction inequitable conduct must be supported by detailed factual findings describing specific acts of bad faith conduct, and such sanctions are reserved for extreme cases only.
• Pierce Mfg., Inc. v. E-One, Inc.
  M.D. Fla.· 2020-01-27
  The court held that disputed issues of material fact prevent summary judgment on patent validity, infringement, and inequitable conduct, and denied a motion to dissolve a preliminary injunction.
• Jeremy Off. v. Sherry Off.
  Fla. 4th DCA· 2020-01-08
  Former Husband appeals a trial court's order enforcing a dissolution judgment and awarding attorney's fees to Former Wife. The appellate court affirmed the enforcement order but reversed the fee award, finding insufficient factual findings to support the award under either the ne
• Cherry v. Viker
  254 So. 3d 1184· Fla. 1st DCA· 2018-09-25
  In a family law matter involving modification of a parenting plan and child support, the appellate court reversed an award of $7,300 in appellate attorney's fees to the appellee. The trial court had awarded the fees on remand, finding the appeal unnecessary because the appellant
• Apotex, Inc. v. UCB, Inc.
  831 F. Supp. 2d 1109· S.D. Fla.· 2013-09-09
  The court held that the patent was invalid and unenforceable due to misrepresentations made during prosecution and that the defendant did not infringe the patent.
• United States v. Steinbrenner
  577 F. Supp. 2d 702· M.D. Fla.· 2013-06-07
  A refund claim based on a trustee's decision to carry back a net operating loss is not "attributable to" a partnership item, and thus the general refund limitations period applies, not the shorter period for partnership items.
• ParkerVision, Inc. v. Qualcomm Inc.
  731 F. Supp. 2d 191· M.D. Fla.· 2013-01-22
  The court held that allegations of 'burying' the PTO with references and belatedly disclosing a reference do not sufficiently plead inequitable conduct, but allegations of material misrepresentation do meet pleading standards.
• Point Mgmt., LLC v. Civil Action No. 4835-VCG MacLaren, LLC
  Del. Ch.· 2012-06-29
  The Court held that a deed altered after execution by the buyer's attorney without the seller's effective consent is a nullity. The executed deed, not the altered recorded deed, is the operative document. Because the executed deed's metes and bounds description excluded the resid
• Powell v. Home Depot U.S.A., Inc.
  715 F. Supp. 2d 1285· S.D. Fla.· 2010-05-28
  The court held that the patent is not unenforceable due to inequitable conduct, but awarded enhanced damages, attorneys' fees, and prejudgment interest based on willful infringement.
• Flexiteek Americas, Inc. v. Plasteak, Inc.
  641 F. Supp. 2d 1297· S.D. Fla.· 2009-07-03
  Summary judgment is granted for plaintiffs on standing, anticipation, obviousness, and laches, but denied on infringement and inequitable conduct.
• In re Amendments TO THE Rules Regulating THE Fla. Bar-Subchapters 6-25 & 6-26
  933 So. 2d 1123· Fla.· 2006-07-06
  The Florida Supreme Court adopted two new board certification standards for the Florida Bar: one for State and Federal Government and Administrative Practice Lawyers (Subchapter 6-25) and one for Intellectual Property Lawyers (Subchapter 6-26). These amendments establish detailed
• State v. Barry S. Franklin & Assocs., P.A.
  841 So. 2d 608· Fla. 3d DCA· 2003-04-02