Monthly Archives: June 2012

SimCrest Hits LS Retail With Breach of Contract Suit in the Northern District of Texas

On June 26, 2012, SimCrest, Inc. filed a lawsuit against LS Retail ehf in the Northern District of Texas.  (Complaint available here.)  SimCrest claims that it and LS Retail joined into a partnership agreement whereby SimCrest would sell and market … Continue reading

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Galderma Laboratories Files ANDA Suit in the Northern District of Texas

On June 26, 2012, Galderma Laboratories filed a lawsuit (available here) in the Northern District of Texas against Actavis Mid Atlantic LLC.  Galderma claims that Actavis submitted an ANDA (abbreviated new drug application) seeking approval to engage in the commercial … Continue reading

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Patent Infringement Litigation: Obtaining an Injunction Gets Much Harder

In the old days, if you proved that a defendant infringed your patent, you were nearly always entitled to an injunction prohibiting the defendant from continuing to infringe.  According to the Federal Circuit, “[b]ecause the ‘right to exclude recognized in … Continue reading

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Patent Infringement Litigation: Obviousness Gets Much Easier to Prove

An inventor cannot obtain a patent “if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was … Continue reading

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Patent Infringement Litigation: Raising the Bar for Proving Willful Infringement

In the last five years or so, there’s been a dramatic change in many of the areas of law concerning patent infringement.  We plan to discuss recent, notable decisions and changes in the law over the next couple of weeks.  … Continue reading

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Excentus Corporation Files Declaratory Judgment Patent Lawsuit In Northern District of Texas

On June 22, 2012, Excentus Corporation filed a lawsuit against CodePro Innovations, LLC, seeking a declaratory judgment of non-infringement of United States Patent Nos. 5,924,078 and 5,717,866, which claim technology relating to providing discounts through point-of-sale systems.  (Copy of Complaint … Continue reading

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What To Look For When Selecting Local Counsel

We act as local counsel in the Northern District of Texas and often use local counsel for our cases that are pending outside of Texas.  Here are some things we think you should look for when selecting local counsel. Knowledge … Continue reading

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Practice Tip: Electronically Redacting Documents

Courts in the Northern District of Texas require, in certain instances, parties to redact filings (e.g., when filing briefs that contain materials designated under the Court’s Protective Order).  Federal Rule of Civil Procedure 5.1 requires redaction of certain sensitive personal … Continue reading

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Judge Means Grants American Airlines TRO Halting Union Election

On May 2, 2012, American Airlines (“American”) filed suit against the National Mediation Board (“NMB”), seeking to prohibit the NMB from holding an election to determine who shall represent American’s passenger service employees unless the NMB had a “showing of … Continue reading

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Jet Blue Captain Found Competent to Stand Trial

Last March, Jet Blue captain Clayton Osbon interfered with a flight en route to Las Vegas.  The plane was diverted to Amarillo, Texas, and Osbon was criminally charged in the Northern District of Texas with interfering with the duties of … Continue reading

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