UTOPIA PROVIDER SYSTEMS v. PRO-MED CLINICAL SYS.

Nos. 09-11160, 09-11447 and 09-12887.

596 F.3d 1313 (2010)

UTOPIA PROVIDER SYSTEMS, INC., a.k.a. Utopia Providers Systems, Inc., Plaintiff-Counter-Defendant-Appellant, Joshua Plummer, et al., Plaintiffs, v. PRO-MED CLINICAL SYSTEMS, L.L.C., Defendant-Counter-Claimant-Appellee, Thomas L. Grossjung, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 19, 2010.


Attorney(s) appearing for the Case

Richard C. Swank, Hal K. Litchford, David Alexander Beyer, Litchford & Christopher, P.A., Orlando, FL, for Utopia Provider Systems, Inc.

Ted Christopher Craig, Hunton & Williams, Miami, FL, for Pro-Med Clinical Systems, L.L.C., Grossjung.

Before TJOFLAT and COX, Circuit Judges, and KORMAN, District Judge.


TJOFLAT, Circuit Judge:

The dispute in this case arises from Pro-Med Clinical Systems, LLC's ("Pro-Med") use of Pro-Med Maximus, paper templates designed to capture a physician-patient encounter, and the electronic version of that product developed by Pro-Med. Utopia Provider Systems, Inc. ("Utopia") alleges that both products are derivatives of its paper templates, ED Maximus.1 Pursuant to an agreement in effect between October 1, 2001...

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