JT IP Holdings, LLC et al. v. Florence et al. (20-cv-10433).

JT IP and its member and manager, Jeffery Eldredge, filed suit against FloPack, LLC and its members and managers Thomas Florence and his daughter, Kimberly Perry. According to the complaint, Florence approached Eldredge in 2016 about going into business together. The two subsequently formed JT IP Holdings, with Florence’s contribution to the company to include the development of a new product, as well as to set up the business, which Eldredge contends Florence failed to do. In the summer of 2019, Florence was issued U.S. Patent No. 10,364,563 entitled “Runoff Water Management System.” Eldredge asserts that this patent was the result of his working with Florence to update and improve upon a previous Florence patent to a similar system. He says that he relied upon Florence’s assertion that he need not be named an inventor, and that the ‘563 patent was assigned to JT IP, protecting his rights. Eldredge asserts that Florence has hinder their ability to obtain necessary additional funding, and subsequently purported to assign the ‘563 patent to new entity, FloPack, LLC, that was set up in the name of Kimberly Perry, in violation of the operating agreement of JT IP. Eldredge brings claims for correction of inventorship. violation of the Lanham Act in misrepresenting ownership of the ‘563 patent, infringement of the ‘563 patent, declaratory judgment that the assignment of the ‘563 patent to FloPack is null and void, conversion, breach of fiduciary duty, unjust enrichment, fraud and misrepresentation, tortious interference with a contract and with prospective economic advantage, and violation of 93A.

Annis et al. v. Shinbone Alley, Inc. et al. (20-cv-10449).

Christopher Annis was engaged by Shinbone Alley to assist with photography for Shinbone’s planned website. Annis’ work included retouching photographs, work as a digital capture technician set styling and lighting, and photography over the course of several sessions. After delaying payment several times, Shinbone ultimately did not pay Annis for his work. The photographs were, however, put up on Shinbone’s website, www.shinbonealley.com, when it went live. Annis, having registered copyright in seventeen of the photographs, demanded Shinbone cease and desist using the photographs, which Shinbone has not done. Annis asserts copyright infringement, breach of contract, breach of the covenant of good faith and fair dealing, promissory estoppel, quantum meruit and unjust enrichment and breach of M.G.L. c. 93A. The complaint further notes that the Massachusetts Attorney General’s office has been given the information to review and that Annis will seek to amend the complaint to add a claim under M.G.L. c. 149 § 150, which relates to requirements for payment of wages, if the Attorney General fails to take action. Judge Young is assigned to the case.

Big Beings USA Pty. Ltd. Et al. v. Nested Bean, Inc. (20-cv-10101).

Australian companies Big Beings and LB Online & Export Pty. Ltd., which does business as Love to Dream, accuse Massachusetts business Nested Bean of infringing U.S. 9,179,711, directed to infant swaddling suits. Big Beings asserts that Nested Bean’s “Zen One Convertible Swaddle” product infringes at least one claim of the ‘711 patent. Big Beings is the assignee of the ‘711 patent, while Love to Dream is the exclusive licensee of Big Beings “Swaddle” technology, which includes the ‘711 patent, in the United States. In addition to claiming infringement, Big Beings asserts unjust enrichment. Judge Talwani has the case.