Joshua D. Martin, head of Johnson & Martin, P.A.’s litigation department, prevailed on summary judgment on all patent infringement claims in the case style, Ferox, LLC v. ConSeal International, Inc., et. al., Case No. 14-60048-CIV-GAYLES (U.S. Southern District of Florida), 2016 WL 1242165.  Johnson & Martin, P.A. represented all of the Defendants in the litigation, including the manufacturer of the fuel additive products accused of infringement and various distributors.

The case was originally filed in the District of Utah. After Mr. Martin prevailed on a Motion to Dismiss in that initial case, Plaintiff refiled its patent infringement action in the Southern District of Florida.  However, on March 30, 2016, Judge Darrin P. Gayles entered final summary judgment in favor of Defendants on all of Plaintiff’s patent infringement claims, ruling that the manufacturing Defendant has an express license to manufacture, distribute and/or sell the products accused of infringement in the litigation.

After granting summary judgment, the Court entered Final Judgment on the patent infringement claims in favor of Defendants on June 24, 2016.

Please find a link to the Court’s decision here.