Monthly Archives: September 2017

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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N.D. Tex. Judge Fitzwater Grants Temporary Restraining Order Prohibiting The City of Dallas From Removing Statue of Robert E. Lee in Dallas’ Lee Park

This afternoon, the Northern District of Texas’ Judge Fitzwater issued a Temporary Restraining Order (available here) prohibiting the City of Dallas from removing its statue of Robert E. Lee that sits in the City of Dallas’ Lee Park. The City’s … Continue reading

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Former Dallas Cowboy Deion Sanders Sanctioned, Ordered To Show Cause in N.D. Tex. Qui Tam Case

On August 11, 2017, Magistrate Judge Ramirez sanctioned former Dallas Cowboys player Deion Sanders and ordered him to show cause in a qui tam case brought against Sanders. In the sanctions Order (available here), Judge Ramirez noted that Sanders failed … Continue reading

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Judge Godbey Grants Summary Judgment In AT&T’s Favor In Suit Brought By Advanced Media Networks

On August 25, 2017, Judge Godbey issued an Order (available here) granting AT&T summary judgment in Advanced Media Networks v. AT&T Mobility. Judge Godbey began by noting that his Markman opinion had found that the claim phrase “ethernet packet switching protocol” … Continue reading

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N.D. Tex. Jury: Nintendo Must Pay $10.1 Million For Infringing ILife’s Patent

On August 31, 2017, a jury in Chief Judge Lynn’s court found that Nintendo infringed a patent held by iLife Technologies through the sale of Nintendo’s Wii and Wii U video game systems and software, and that Nintendo failed to … Continue reading

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