Monthly Archives: April 2015

Recent Supreme Court Decisions of Note

Here are four relatively recent Supreme Court decisions of note to federal court and IP practitioners: American Broadcasting Cos. v. Aereo: the Supreme Court held that Aereo infringes copyright owners’ exclusive right “to perform the copyrighted work publicly” by “by … Continue reading

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New Northern District of Texas Patent Lawsuits

Over the last several weeks, there have been many new patent suits filed in the Northern District of Texas, including: BSN SPORTS v. Bensussen: plaintiff asserts that defendant is infringing U.S. Patent No. 6,308,381, through the sale of products, including … Continue reading

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Judge O’Connor’s Recent Summit 6 Decisions

Over the last several months, Judge O’Connor has issued at least three opinions in the Summit 6 case. First, a 58 page claim construction opinion (available here) construing claim terms. Second, a decision granting in part and denying in part Summit … Continue reading

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Judge Kinkeade Severs and Stays Patent Infringement Claims Against Retailer Defendant

On March 18, 2015, Judge Kinkeade issued an Order (available here) in Richmond v. Forever Gifts. Defendants requested that the Court sever and stay Plaintiff’s claims against Walgreen (the retailer of the accused product) pending final resolution of Plaintiff’s claims against … Continue reading

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Judge Lynn Stays Merits Discovery Pending Resolution of Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue

In Heat On-The-Fly v. Enervco, Judge Lynn entered an Order (available here) staying merits discovery pending the Court’s resolution of defendant’s motion to dismiss for lack of personal jurisdiction and improper venue: In light of the fact that the Court … Continue reading

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Judge Kinkeade Denies Motion for Preliminary Injunction In Patent Case

In Mannatech v. Wellness Quest, the plaintiff sued defendants asserting infringement of two patents. The plaintiff then moved for a preliminary injunction and expedited discovery. Judge Kinkeade issued an Order (available here) rejecting the plaintiff’s requests. The Court premised its … Continue reading

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“Close Call” In Terms of Infringement and Validity Precludes Willfulness Claim In Patent Case

On March 9, 2015, Judge Lynn issued an Order (available here) in Melchior v. Hilite International. The Court found that a “close call” in terms of infringement/invalidity issues precluded the plaintiff’s willfulness claim: Specifically, the Court found Plaintiff did not meet … Continue reading

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Judge Kinkeade Tosses Patent Infringement Case Due to Lack of Standing

Judge Kinkeade issued an order in Optimal Golf v. Altex Corp. (available here) finding that the plaintiffs lacked standing when the case was filed. The Court was not happy, writing: This is now the second case involving the same patent … Continue reading

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Judge Kinkeade Transfers Patent Case to Western District of Texas

On March 9, 2015, Judge Kinkeade entered an Order (available here) in Smith’s Consumer Products v. Fortune Products transferring the case from the Northern District of Texas to the Western District of Texas. Plaintiff was a Delaware corporation with its … Continue reading

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Judge Lynn Denies Motion for Stay Pending Covered Business Method Patent Review

On April 24, 2015, Judge Lynn issued an opinion in Credit Card Fraud Control v. Maxmind (available here). Defendant sought to stay the case pending CBM review. Judge Lynn denied the motion to stay, in large part because the PTAB … Continue reading

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