DCT
4:24-cv-10048
Key West Tourist Development Association v. Horta
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: The Key West Tourist Development Association, Inc. (Florida)
- Defendant: Jet Setter Travel Agency, LLC; Evelyn Monica Horta; and Ihosvany Jesus Hernandez (Florida)
- Plaintiff’s Counsel: The Smith Law Firm
- Case Identification: 4:24-cv-10048, S.D. Fla., 08/07/2024
- Venue Allegations: Venue is alleged to be proper as Defendants may be found in the district, and a substantial portion of the events giving rise to the action, including the complained-of acts, allegedly occurred in Key West, Florida.
- Core Dispute: Plaintiff alleges that Defendants' travel agency services and event promotions infringe patents related to glass-reinforced plastics and magnetic bearings.
- Technical Context: The patents-in-suit relate to foundational material science in the field of reinforced composites and to advanced electromechanical systems for magnetic levitation and control.
- Key Procedural History: The operative pleading is a First Amended Complaint. The complaint alleges that U.S. Trademark Registration No. 2,758,951, which corresponds to one of the patent numbers-in-suit, is "incontestable."
Case Timeline
| Date | Event |
|---|---|
| 1953-07-23 | Priority Date for U.S. Patent No. 2,758,951 |
| 1956-08-14 | Issue Date for U.S. Patent No. 2,758,951 |
| 1999-08-09 | Priority Date for U.S. Patent No. 6,384,500 |
| 2002-05-07 | Issue Date for U.S. Patent No. 6,384,500 |
| 2022-01-01 | Approximate start of Defendants' allegedly infringing activities |
| 2024-08-07 | First Amended Complaint Filing Date |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 2,758,951 - "Glass-Reinforced Plastic Article" (issued Aug. 14, 1956)
The Invention Explained
- Problem Addressed: The patent seeks to create a plastic board or laminate with improved strength, toughness, and durability by optimizing the arrangement of reinforcing glass fibers (col. 1:33-38).
- The Patented Solution: The invention proposes a structure where glass fibers of different thicknesses are combined in a specific, dense arrangement. Thinner fibers are positioned in the gaps ("interstitial relationship") between adjacent, thicker fibers to maximize the glass content and structural integrity of the composite material (col. 1:41-49). The specification describes a manufacturing process involving drawing glass filaments from a furnace through specifically sized orifices and winding them onto a receiving drum (col. 2:7-30; Fig. 3).
- Technical Importance: This method of fiber arrangement was intended to increase the strength-to-weight ratio and overall performance of glass-reinforced plastics, a critical material in various industrial applications (col. 1:33-38).
Key Claims at a Glance
- The complaint does not specify which claims are asserted. Independent claim 1 is representative.
- Independent Claim 1 recites:
- A plastic product of rectilinear contour
- comprising a plurality of layers of glass fibers
- each layer including a first series of substantially parallel aligned fibers and a second series of substantially parallel fibers
- wherein the fibers of the second series have a smaller cross-sectional area than the fibers of the first series
- wherein the fibers of the second series are alternately positioned in an interstitial relationship to the fibers of the first series
- a plastic medium surrounding all layers and filling the spaces therebetween
- The complaint does not explicitly reserve the right to assert dependent claims.
U.S. Patent No. 6,384,500 B1 - "Magnetic Centering Bearing with High-Amplitude Tilt Control" (issued May 7, 2002)
The Invention Explained
- Problem Addressed: The patent addresses the limitations of conventional magnetic bearings, which typically cannot maintain centering forces when subjected to large angular tilting movements (e.g., greater than one degree), a problem for applications like satellite momentum wheels (col. 1:45-56).
- The Patented Solution: The invention describes a magnetic bearing with a unique geometry that permits a wide range of tilting motion (e.g., ±5° to ±15°) while preserving centering control. It employs two permanently magnetized rings and a set of tilt windings arranged on surfaces that form portions of a common sphere. This configuration ensures that the air-gap thickness between the moving and stationary parts remains constant during tilting, which allows for consistent and predictable force application (col. 2:36-64; Fig. 1).
- Technical Importance: This technology enables compact, low-power, and highly stable magnetic suspension systems capable of large angular articulation, crucial for spacecraft attitude control and other precision pointing applications (col. 1:30-43).
Key Claims at a Glance
- The complaint does not specify which claims are asserted. Independent claim 1 is representative.
- Independent Claim 1 recites:
- A magnetic bearing for centering and controlling the tilting of a first body relative to a second body
- comprising two permanently magnetized rings carried by a first ferromagnetic armature fastened to the first body, with the rings having free edges forming portions of a common sphere
- a plurality of annular tilt windings fastened to the second body, carried by a second ferromagnetic armature, which define air-gaps with the magnetized rings whose thickness remains constant throughout the angular movement range
- an excitation circuit that applies currents to the tilt windings to generate tilt forces in the air-gaps
- The complaint does not explicitly reserve the right to assert dependent claims.
III. The Accused Instrumentality
Product Identification
- The accused instrumentalities are services offered by Defendants, including travel agency services, event promotion, and the operation of an online website and Facebook group under names such as "Jetsetters Vacation and Fantasy Fest 2024" (Compl. ¶1, 5-6).
Functionality and Market Context
- The complaint alleges that Defendants use their website, a Facebook group with over 94,000 members, and other online platforms to market and sell travel packages, accommodations, and event tickets associated with the "Fantasy Fest" festival in Key West (Compl. ¶5, 53, 59). Defendants' marketing materials include graphics that feature the phrase "FANTASY FEST" and imagery related to the event's annual theme (Compl. p. 10). The complaint alleges this activity is intended to create an association with the Plaintiff's official event to benefit from its reputation (Compl. ¶36, 64). A screenshot from the Defendants' website promotes "The 1st Annual Fantasy Fest Daylight Delight Party Cruise" (Compl. p. 11).
IV. Analysis of Infringement Allegations
The complaint does not contain factual allegations explaining how the accused travel agency and event promotion services infringe any claim of the patents-in-suit, which are directed to a physical glass-reinforced plastic article and an electromechanical magnetic bearing apparatus.
’951 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| A plastic product of rectilinear contour comprising a plurality of layers of glass fibers... | The complaint does not provide sufficient detail for analysis. | N/A | col. 3:1-3 |
| ...a first series of substantially parallel aligned fibers, a second series of substantially parallel fibers... | The complaint does not provide sufficient detail for analysis. | N/A | col. 3:3-5 |
| ...the cross-sectional area of each of the fibers of the second series being relatively small in comparison to the... first series... | The complaint does not provide sufficient detail for analysis. | N/A | col. 3:5-8 |
| ...the fibers of said second series being alternately positioned in interstitial relationship to the fibers of the first series... | The complaint does not provide sufficient detail for analysis. | N/A | col. 3:8-10 |
| ...and a plastic medium surrounding all of said layers and filling the spaces therebetween. | The complaint does not provide sufficient detail for analysis. | N/A | col. 3:10-12 |
’500 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| A magnetic bearing for centering and controlling tilting of a first body... | The complaint does not provide sufficient detail for analysis. | N/A | col. 16:56-62 |
| ...two permanently magnetized rings carried by a first ferromagnetic armature fastened to the first body...having free edges substantially forming portions of a common sphere... | The complaint does not provide sufficient detail for analysis. | N/A | col. 16:62-17:6 |
| ...a plurality of annular tilt windings fastened to the second body...defining...air-gaps whose thickness remains constant throughout the range of angular movement... | The complaint does not provide sufficient detail for analysis. | N/A | col. 17:7-15 |
| ...an excitation circuit that applies excitation currents to the tilt windings to generate tilt forces in the air-gaps. | The complaint does not provide sufficient detail for analysis. | N/A | col. 17:16-18 |
- Identified Points of Contention:
- Applicability Question: A primary issue is the fundamental disconnect between the subject matter of the patents-in-suit (a physical composite material and an electromechanical apparatus) and the nature of the accused instrumentalities (travel agency and event promotion services). The complaint does not plead facts that connect the Defendants' alleged actions to the practice of any patent claim.
- Technical Question: The complaint provides no evidence or allegation that Defendants make, use, sell, offer for sale, or import any physical product, let alone products incorporating glass-reinforced plastics or magnetic bearings as claimed.
V. Key Claim Terms for Construction
Term from the ’951 Patent: "interstitial relationship"
- Context and Importance: This term is central to the novelty of the '951 patent, as the specific placement of smaller fibers within the gaps of larger fibers is the basis for the claimed improvement in material properties. The definition will determine the required precision of the fiber arrangement for infringement to be found.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The claims use the general term "interstitial relationship" without further geometric limitation, which could suggest any placement of smaller fibers in the spaces between larger ones is sufficient (col. 3:9-10).
- Evidence for a Narrower Interpretation: Figure 3 shows a specific, staggered, and tightly packed arrangement of smaller orifices (6) relative to larger ones (5). An argument could be made that the term should be limited to this disclosed embodiment, where smaller fibers are nested deeply and symmetrically within the voids created by the larger fibers (col. 2:12-14; Fig. 3).
Term from the ’500 Patent: "air-gaps whose thickness remains constant"
- Context and Importance: This limitation is the key to the invention's ability to provide tilt control over a large angular range. Whether this requires absolute mathematical constancy or allows for minor, immaterial variations will be critical to the infringement analysis.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification states that the purpose of the constant thickness is to achieve "constant performance in terms of tilt control, with low electrical power consumption" (col. 3:1-4). This functional language may support an interpretation where "constant" means "functionally constant" or "not varying enough to degrade performance."
- Evidence for a Narrower Interpretation: The claim language is absolute. Further, the patent emphasizes that the free edges of the rings and the winding surfaces form "portions of a common sphere centered on the center of tilting" (col. 2:48-52), a precise geometric definition that an accused infringer may argue is required for the thickness to be truly "constant."
VI. Other Allegations
- Indirect Infringement: The complaint alleges that Defendants are "Inducing or enabling others to directly or indirectly distribute, advertise, market, or sell one or more infringing goods and services" (Prayer for Relief ¶ A.2). These allegations are framed in the context of trademark infringement.
- Willful Infringement: The complaint alleges that Defendants' conduct has been "willful and wanton for the purpose of deceiving consumers" (Compl. ¶ 87) and that "The intentional use of Fantasy Fest’s marks by Defendants makes this an exceptional case" (Compl. ¶ 84). The basis for this allegation appears to be Defendants' alleged knowledge of Plaintiff's long-standing event and associated rights, which allegedly began in 1979 (Compl. ¶ 25, 41).
VII. Analyst’s Conclusion: Key Questions for the Case
- A threshold issue will be one of subject matter applicability: the complaint pleads causes of action for trademark infringement related to event promotion services, while the patents-in-suit are directed to the unrelated technologies of glass-reinforced plastics and magnetic bearings. A court would first need to address how the factual allegations support any claim for patent infringement.
- A dispositive evidentiary question will be one of infringement: should the case proceed, the plaintiff would face the challenge of producing evidence to demonstrate how the defendants' accused travel agency services and online marketing activities practice the specific physical and functional limitations of the asserted claims for a composite material and a magnetic bearing apparatus.