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News

Congratulations To New Partner, Michael Byrne

September 8, 2021 - The firm of Wolter Van Dyke Davis is pleased to announce the elevation of senior associate, Michael Byrne, to partner. Mike, who joined the firm in 2018, is a registered patent attorney with broad experiences in intellectual property law, including securing domestic and international patent protection in several technological arts, such as chemical, nanotechnology, advanced materials, cosmetics, metallurgical, mechanical, computer technology, business methods, and biotechnology. In amassing this broad range of technical experiences, he has represented several small and large corporate clients, individual inventors, and university clients.

Mr. Byrne also negotiates patent and trademark licenses for clients, enforces client’s intellectual property rights, and conducts non-infringement and freedom to practice studies. He has also successfully handled a variety of other more complex intellectual property matters, including, trademark oppositions and inter partes review of issued patents, as well as supporting client’s merger and acquisition activities as related to their IP assets.

Mr. Byrne earned his Bachelor of Science degree in Chemical Engineering from The Pennsylvania State University in 2000. He demonstrated a solid work ethic by then moving on to law school while working full-time as a chemical engineer at Ranbar Technology, Inc. in Pittsburgh, PA. After earning his Juris Doctorate degree from Duquesne University School of Law he joined and was later elected a partner at a large national intellectual property law firm. Again, while working full-time, he continued his deep commitment to the law by earning an LL.M. from George Washington University Law School in Washington, D.C.

Mr. Byrne, who resides in Oxford, Fl, is married to his high school sweetheart, Carrie. They have five children.

RE: REVISIONS TO THE MIDDLE DISTRICT OF FLORIDA'S LOCAL RULES

November 2, 2020 - Beginning January 1, 2021 practicing in the Middle District of Florida will look a little different due to the Court’s latest revisions of the Local Rules. Due to the numerous changes in the rules that the Court has implemented, a red-line version of the rules will not be made available. Below are some of the more major revisions that will be key to practicing in the district come 2021 but a careful review of the rules in their entirety is certainly encouraged. Please visit https://www.flmd.uscourts.gov for a copy of the Court’s Order and amended Local Rules.

1. Main text for all pleadings/motions or other papers (excluding exhibits) must be in at least 13 point font in typeface Book Antiqua, Calisto MT, Century Schoolbook, Georgia, Palatino or 14 point font Times New Roman (though allowable pages for motions/responses remains the same). Indented quotations can be 12 point font and footnotes are allowed be 11 point font.
2. All unopposed motions must include “Unopposed” in the title of the motion. Likewise, motions requesting TRO’s, Preliminary/Permanent Injunction must include TRO or Preliminary/Permanent Relief Requested in the title; any paper requesting declaratory relief must include “Declaratory Relief Requested” and Complaint demanding a jury trial must include “Demand for a Jury Trial” in the title.
3. Proof Service must be filed within 21 days after service of Summons/Complaint.
4. A party entitled to a default must move for a default within 28 days after a party’s failure to plead or otherwise defend.
5. Within 35 days after entry of default, a motion for default judgment must be filed. Failure to comply within the deadline may result in dismissal of the claim/action.
6. Moving to withdraw in a matter requires the attorney to notify the client 14 days before moving to withdraw unless the client consents. Motions to Withdraw must include certification of 14 days’ notice to client or consent.
7. A motion requesting leave to file a reply cannot exceed three pages.
8. A party requesting oral argument or an evidentiary hearing must file a separate document requesting same (including time needed for hearing) with the motion.
9. Case Management conferences can now take place by telephone or comparable means.
10. Corporate Disclosure Statement must be filed with first appearance and must include certification of actual or potential conflict of interest regarding district judge or magistrate (specific language included in local rules).
11. Notices of Deposition or Subpoena Duces Tecum require 14 written notice.
12. Attorney’s Fees/Costs is now a bifurcated procedure. A party claiming post-judgment attorneys’ fees/costs must obtain an order of entitlement first before providing a supplemental motion on the amount. After entitlement order is entered, within 45 days the party claiming fees/costs must file a supplemental motion with hours/rates, etc.

Congratulations to firm client, Lakeland Motors

September 17, 2020 - Congratulations to firm client, Lakeland Motors! On September 17, 2020, the United States Court of Appeals for the Eleventh Circuit affirmed the Middle District of Florida, Orlando Division’s grant of full summary judgment in favor of Lakeland Motors. With respect to Off Lease Only’s copyright and trademark infringement claims against Lakeland, the appeals court stated that “Off Lease’s arguments lack[ed] merit” before marching through an analysis of the issues that essentially mirrored Attorneys Amber N. Davis and Kevin W. Wimberly’s arguments from the case below. A copy of the opinion is available here.

Amber N. Davis and Kevin W. Wimberly recently won summary judgment

September 3, 2020 - Amber N. Davis and Kevin W. Wimberly recently won summary judgment on all counts for its client Lakeland Motors, LLC in a copyright infringement, trademark infringement, trademark dilution, and unfair business practices case brought by Off Lease Only, Inc. Finding that Off Lease Only did not have the rights it claimed to have in common sales and marketing terms, the Court granted judgment in favor of Lakeland Motors on all counts that Davis and Wimberly had not already defeated. Following the summary judgment victory, the court granted Lakeland Motors substantially all of its attorneys' fees and costs in defending against the case. Off Lease Only, Inc. v. Lakeland Motors, LLC, No. 6:18-cv-1555-Orl-37. Off Lease Only has appealed to the Eleventh Circuit.

WVD PARTNER, DR. EUGENE MOLINELLI, WAS RECENTLY SUCCESSFUL IN REVERSING THE USPTO EXAMINER AND PRE-APPEAL REVIEW

August 20, 2020 - Wolter Van Dyke Davis (WVD) partner and patent attorney, Dr. Eugene Molinelli, was recently successful in reversing the USPTO examiner and pre-Appeal review on Appeal before the Patent Trial and Appeal Board based on the Appeal Brief in Ex Parte Bustamante of Stanford University (2014/0045705), leading to allowance of all rejected claims. The invention is directed to determining genetic haplotype using novel bioinformatics techniques. Appellant’s arguments focused on 35 USC 101 issues against the Examiner’s art unit’s position that computer techniques involving only information in and only information out are not eligible for patent protection. Our brief was able to demonstrate, to satisfaction of the Board, specific non-mental processing steps of man-made measurements leading to a practical application.

TIM VAN DYKE FEATURED IN ORLANDO STYLE MAGAZINE

September 25, 2018—Attorney Tim Van Dyke was featured in the Orlando’s Spotlight On The Law section of September edition of Orlando Style magazine. The feature can be found at http://www.orlandostylemagazine.com/timothy-h-van-dyke.

AMBER DAVIS JOINS THE ORLANDO CHAPTER OF THE FEDERAL BAR ASSOCIATION’S BOARD

September 7, 2018—Amber N. Davis was recently appointed to serve as a Director at Large for the Federal Bar Association’s Orlando Chapter for the 2018-2019 term.

KEVIN WIMBERLY POSTS CANNABIS PATENTS ARTICLE ON FIRM'S BLOG

August 21, 2018— Attorney Kevin Wimberly authored a blog post titled “Cannabis Patents — The Elephant in the Room?” The article can be found here.

KEVIN WIMBERLY SPEAKING AT "THE BUSINESS OF MARIJUANA" CONTINUAL LEGAL EDUCATION PROGRAM

August 21, 2018—Kevin Wimberly is presenting on trademark law and cannabis-related trademarks at the upcoming “The Business of Marijuana” CLE in Miami, October 2-3, 2018. More information about this seminar can be found at https://www.theseminargroup.net/seminardetl.aspx?id=5845.

ATTORNEY MCLEOD RECOGNIZED IN 2018 LAWYER MONTHLY WOMEN IN LAWS AWARDS

June 15, 2018--Christine McLeod has been recognized in the Lawyer Monthly Women in Law Awards for 2018. The Lawyer Monthly Women in Law Awards celebrate and highlight the achievements of women working in the legal profession across the globe. Lawyer Monthly is proud to continue to recognize the contribution made by female legal professionals working in the legal sector and those women who have influenced the legal industry and beyond.

AMERICA'S MOST HONORED PROFESSIONALS 2017 - TOP 1%, BY AMERICAS MOST HONORED

March 23, 2018—Christine Q. McLeod has been recognized in America's Most Honored Professionals 2017 - Top 1%. Qualification criteria for this recognition include repeated, authenticated, publicized honors from the press, peers, trade groups and clients over a five-year period.

AMBER DAVIS AWARDED THE 2018 LAWRENCE G. MATHEWS, JR. YOUNG LAWYER PROFESSIONAL AWARD

February 23, 2018—Attorney Amber Davis was awarded the 2018 Lawrence G. Mathews, Jr. Young Lawyer Professional Award sponsored by the Orange County Bar Association. Amber is the 15th recipient of this annual award. At the presentation of this distinguished award, Jackson O. Brownlee introduced Amber after which Amber gave an inspiring speech on legal professionalism.

GENE MOLINELLI MODERATES A PANEL AT THE AUTM 2018 ANNUAL MEETING

February 21, 2018 — Dr. Gene Molinelli organized and moderated a panel at the 2018 annual meeting of the Association of University Technology Managers (AUTM). The title of the session was “IP Trends and Successful Practices.” The focus of the session was software innovations and whether to protect such innovation and if so, how.

AMBER DAVIS INCLUDED IN THE WORLD TRADEMARK REVIEW 1000 2017

January 17, 2018—Attorney Amber N. Davis has been ranked in the World Trademark Review (“WTR”) 1000 for 2018 as one of the World’s leading trademark professionals. The WTR is the world’s only independent daily news and information service exclusively reporting on trademark issues for in-house and private practitioners internationally. Individual practitioners, law firms and trademark attorney practices qualify for inclusion in the WTR 1000 on receiving sufficient positive feedback from market sources. The extensive research process was conducted over a four-month period by a team of full-time analysts and involved nearly 1,500 face-to-face and telephone interviews with trademark specialists across the globe. Through this research process, Amber’s clients described her as being a refined litigator and counselor. Her clients also remarked that her straightforward approach and speedy response times are the hallmarks of her trade.