Author Archives: Steven Callahan

In Re Cray—Another Blow To East Texas’ Patent Docket: Employees Working From Home Are Generally Not Enough To Confer Venue Upon A District In Patent Cases

On September 21, 2017, the Federal Circuit issued its decision in In re Cray Inc. (available here). As I noted in an earlier post, after the Supreme Court’s TC Heartland decision, the only proper venue for a patent-infringement case against … Continue reading

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Judge Kinkeade Awards Attorney’s Fees To SAP In Patent Case Brought By Investpic, Finding Case Exceptional In SAP’s Favor

On September 7, 2017, Judge Kinkeade issued an Order (available here) in SAP America v. Investpic. The Order granted SAP’s Motion to Find Case Exceptional and Award Fees. Under the Patent Act, the Court may award attorney’s fees to the … Continue reading

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Judge Kinkeade Denies Special Master Costs in SAP v. InvestPic

On September 11, 2017, Judge Kinkeade entered an Order in SAP v. InvestPic (available here). The Order denied SAP’s request to include in the Court’s award of costs the costs incurred by SAP related to the appointment of the case’s … Continue reading

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Judge Kinkeade Denies Motion to Stay Pending IPR Review

On September 11, 2017, Judge Kinkeade denied (in an electronic order available here) a motion to stay pending inter partes review. Judge Kinkeade found that the “reasons supporting a stay of this case are speculative and that [the moving party] … Continue reading

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Impression Products v. Lexmark: Supreme Court (Again) Cuts Back Patent Rights

On May 30, 2017, the Supreme Court issued its decision in Impression Products v. Lexmark (available here). The Court decided two issues. First, if a patentee sells an item under an express restriction on the purchaser’s right to reuse or … Continue reading

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Former Magistrate Judge Kaplan Issues Order On Privilege Dispute In Nerium Case

On September 5, 2017, former Magistrate Judge Kaplan, acting as special master in Nerium Skincare v. Nerium Biotechnology, issued Special Master Order No. 13 (available here) dealing with a privilege objection concerning plaintiffs’ communications with a public relations firm. In … Continue reading

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Judge Boyle Transfers Trademark Infringement Case Where Personal Jurisdiction Found Lacking And Denies Jurisdictional Discovery

On July 14, 2017, Judge Boyle issued an Order (available here) in Springboards to Education v. Hamilton County transferring the case out of the Northern District of Texas due to lack of personal jurisdiction. The case involved allegations of trademark … Continue reading

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Karen Gren Scholer and Matthew Kacsmaryk Nominated To Serve On N.D. Tex. Bench

Three days ago, the White House announced that Karen Gren Scholer and Matthew Kacsmaryk have been nominated to serve as Northern District of Texas judges. Ms. Scholer had previously been nominated by President Obama to a judgeship in the Eastern … Continue reading

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Judge Fitzwater Dissolves TRO, Clearing Way for City of Dallas to Remove Robert E. Lee Statue In Dallas’ Lee Park

On September 7, 2017, Judge Fitzwater dissolved the TRO he had previously entered restraining the City of Dallas from removing a statue of Robert E. Lee in Dallas’ Lee Park. This new ruling (available here) clears the way for Dallas to continue … Continue reading

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Judge Kinkeade Orders Parties To Meet And Confer To Narrow Disputed Patent Claim Terms Down From 19, Suggests 8 Or Fewer Is Appropriate Amount

On July 20, 2017, Judge Kinkeade entered an Order (available here) in Berman v. DirectTV. In the case, the parties had submitted 19 disputed claim terms/phrases to the Court for construction. Upon review of the parties’ briefing, Judge Kinkeade determined … Continue reading

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