Author Archives: Steven Callahan

Chief Judge Lynn Refuses To Maintain Stay of Patent Case Pending Supreme Court’s Oil States Decision

On November 13, 2017, Chief Judge Lynn entered an Order (available here) in Leak Surveys v. Flir Systems. In 2013, Leak filed suit asserting infringement of one patent. Thereafter, the PTAB instituted an IPR as to the patent, and the … Continue reading

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2018 N.D. Tex. Bench Bar Conference To Take Place On January 12, 2018

The Dallas and Fort Worth Chapters of the Federal Bar Association will host the second annual Bench Bar Conference on Friday, January 12, 2018 (7.0 hours of MCLE credit, with 2.0 hours of ethics credit). Should be a great event. The … Continue reading

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Federal Circuit’s In re Micron Decision—TC Heartland Constituted Change In Law, But District Courts Can Still Deny Untimely Motions To Dismiss For Improper Venue Under Inherent Authority

In the wake of the Supreme Court’s TC Heartland decision (which significantly limited the venues where a plaintiff can file patent-infringement lawsuits), many defendants raised venue challenges for the first time after answering the plaintiff’s complaint. And many courts held … Continue reading

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Thinking About Suing Your Opponent’s Lawyer In Texas? Think Again — Judge Godbey Tosses Case Against Proskauer Rose Due To Attorney Immunity Doctrine

On November 2, 2017, Judge Godbey entered an Order (available here) in Dorrell v. Proskauer Rose. In the case, plaintiffs were a group of investors who purchased fraudulent certificates of deposit issued by Stanford International Bank Limited (i.e., the Stanford … Continue reading

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15 New Patent Cases

Over the last several weeks, there have been 15 new patent cases filed in the Northern District of Texas, including: BookIt v. Bank of America (complaint available here); Canon v. Avigilon (complaint available here); Cellular Communications Equipment v. ZTE et … Continue reading

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Magistrate Judge Reno

Congratulations to Lee Ann Reno for her selection as magistrate judge for the Northern District of Texas’ Amarillo division! Magistrate Judge Reno is replacing Magistrate Judge Averitte, who served for the last 30 years as the Amarillo division’s first and … Continue reading

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Chief Judge Lynn Denies Transfer Motion in Blackberry v. Avaya

On October 10, 2017, Chief Judge Lynn entered an Order (available here) in Blackberry v. Avaya. After concluding that Avaya fell short of meeting its burden to show that the proposed transferee venue was clearly more convenient than the Northern … Continue reading

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Much Ado About Nothing: Tribal Sovereign Immunity In Inter Partes Reviews

I predict that tribal sovereign immunity will have little, if any, effect on inter partes reviews (IPRs). But if I’m wrong (and I’ve *occasionally* been wrong before), tribal sovereign immunity will lead to the death of IPRs, absent Congressional action. … Continue reading

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Magistrate Judge Stickney Grants Motion For Costs, Finds $350/Hour Attorney-Fee Rate Reasonable

On September 11, 2017, Magistrate Judge Stickney entered an Order (available here) in The Sugar Art v. Confectionary Arts International. In the case, the plaintiff previously brought suit against the defendant in the Western District of Texas, and, in response … Continue reading

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Judge Kinkeade Refuses To Disqualify Sterne Kessler from Representing Global Tel*Link

On September 18, 2017, Judge Kinkeade entered an Order (available here) in Securus v. Global Tel*Link. Securus had moved to disqualify Sterne Kessler from representing Global Tel. Before January 2017, Global Tel was represented by Kellogg Huber. Two Kellogg attorneys … Continue reading

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