Author Archives: Steven Callahan

Magistrate Judge Toliver Sanctions Defendant $7,500 And Precludes Testimony For Failure To Appear For Deposition

On August 8, 2017, Magistrate Judge Toliver issued an Order (available here) in National Urban League v. Urban League of Greater Dallas & North Central Texas. The Order is worth a read as a reminder of some of the bad … Continue reading

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Supreme Court Allows Trademark Registration Of “Derogatory” Terms

On June 19, 2017, the Supreme Court issued its decision in Matal v. Tam (available here). In Tam, a band applied for a federal trademark registration of the band’s name, “The Slants.” “Slants” is a derogatory term for persons of … Continue reading

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Supreme Court’s Biosimilar Decision in Sandoz v. Amgen

On June 12, 2017, the Supreme Court issued its decision in Sandoz v. Amgen (available here). The Court interpreted 42 U. S. C. § 262(l), enacted as part of the Biologics Price Competition Act of 2009 (BPCIA). The BPCIA governs … Continue reading

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Will Martin Shkreli’s Letter “Hoping to See Four Children Homeless” Send Him to Prison?

Long ago, someone told me to assume everything you write will end up on the front page of the New York Times, and someone else (likely my mother) told me, “if you don’t have anything nice to say, don’t say … Continue reading

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Don’t Know Who To Sue? Magistrate Judge Toliver Lays Out The Procedure For Obtaining Discovery To Find Out

On July 12, 2017, Magistrate Judge Toliver issued an Order in Mary Kay v. Ayon (available here) detailing how to obtain discovery to determine a defendant’s identity. In the case, Mary Kay (the plaintiff) filed a motion for leave to … Continue reading

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Stuck in Dodge? Can You Challenge Venue In Patent Cases Under TC Heartland If You Previously Failed to Contest Venue?

As I previously noted, the Supreme Court’s recent TC Heartland decision dramatically curtailed where patent holders can sue defendants for infringement. Prior to TC Heartland, under the Federal Circuit’s decisions (dating back to 1990 in VE Holding), patent owners could … Continue reading

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New N.D. Tex. Patent Cases

Here are three more post-TC Heartland N.D. Tex. patent cases: Axcess International v. Transcore (complaint available here); D’Alise v. Straumann (complaint available here) (note: my firm is Dallas counsel for the plaintiff); and Galderma v. Perrigo (complaint available here).

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Judge Kinkeade Article From Carrollton Leader

The Carrollton Leader has written a great article about Judge Kinkeade. The article discuses Judge Kinkeade growing up the son of a Baptist preacher, becoming an attorney by age 22 (after considering becoming an actor), representing the Dallas Cowboys and … Continue reading

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Chief Judge Lynn Transfers Patent Case To Michigan

On May 21, 2017, Chief Judge Lynn entered an Order (available here) in Camatic v. Irwin transferring the case from Dallas to Michigan. In Camatic, two Camatic entities accuse Irwin of infringing one of Camatic’s patents (note: my firm represents … Continue reading

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New Patent Cases

The following are the new patent-infringement lawsuits filed over the last couple of weeks in the Northern District of Texas: BMC Software v. Cherwell Software (Complaint available here) Honeywell International v. MEK Chemical Corp. (asserting infringement of U.S. Patent No. … Continue reading

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