Monthly Archives: April 2019

Owners of Patent Assertion Entities Beware—You May Be Personally Liable For The Defendant’s Attorney’s Fees

Posted on April 14, 2019 by Steven Callahan

Section 285 of the Patent Act states that “[t]he court in exceptional cases may award reasonable attorney fees to the prevailing party.” 35 U.S.C. § 285. The statute does not say who pays the fees, but the assumption (mine, at … Continue reading →

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Judge Godbey Awards AT&T $258,000 in Attorney’s Fees Under Section 285 of the Patent Act, Finding Hourly Rates from $315-$795/Hour Reasonable

Posted on April 14, 2019 by Steven Callahan

On March 22, 2019, Judge Godbey issued an opinion (available here) in Advanced Media Networks v. AT&T Mobility. Judge Godbey previously found that AT&T could recover attorney’s fees incurred after the Court issued its claim-construction opinion. Judge Godbey found that … Continue reading →

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Chief Judge Lynn Issues Decision Offering Guidance On Amendment Of Patent Infringement Contentions

Posted on April 14, 2019 by Steven Callahan

On September 21, 2018, Chief Judge Lynn issued a decision (available here) in Commscope Technologies v. Dali Wireless that provides important guidance on amendment of patent infringement contentions. The decision ruled on Defendants’ motion to strike Plaintiff’s second and third … Continue reading →

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CCRG Partner Anthony Garza Prevails In Two Cases At Federal Circuit Within Three Weeks

Posted on April 10, 2019 by Steven Callahan

Congratulations are in order to CCRG partner Anthony Garza, who prevailed at the Federal Circuit in two cases within three weeks of each other. In the first case, Anthony obtained reversal of an adverse district-court summary judgment decision (and an … Continue reading →

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Supreme Court Requires Copyrights to be Registered With Copyright Office Before Filing Lawsuit

Posted on April 10, 2019 by Steven Callahan

On March 4, 2019, the United States Supreme Court issued its unanimous decision (available here) in Fourth Estate v. Wall-Street.com. The Court held that 17 U.S.C. § 411(a), which states that “no civil action for infringement of the copyright in … Continue reading →

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Supreme Court Rules that “Confidential” Sales of Invention to Third Parties Place Invention “On Sale” for Prior Art Purposes

Posted on April 10, 2019 by Steven Callahan

On January 22, 2019, the U.S. Supreme Court issued its unanimous decision (available here) in Helsinn Healthcare v. Teva Pharmaceuticals. Under United States law, a person cannot receive a patent on an invention that was “in public use, on sale, … Continue reading →

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Supreme Court Says that Entitlement to “Full Costs” Under Copyright Act Means “Costs” Specified In General Costs Statutes, Not Expert Witness, E-Discovery, or Jury Consulting Costs

Posted on April 10, 2019 by Steven Callahan

On March 4, 2019, the Supreme Court issued its unanimous decision in Rimini Street v. Oracle (available here). At issue was whether the Copyright Act’s provision that “the court in its discretion may allow the recovery of full costs by … Continue reading →

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Justice Ada Brown Nominated To N.D. Tex. Bench By President Trump

Posted on April 7, 2019 by Steven Callahan

On March 15, 2019, President Trump nominated Ada Brown (currently a Justice on the Texas Fifth Court of Appeals) to serve as a U.S. District Court Judge for the Northern District of Texas. According to the White House’s news release: … Continue reading →

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Federal Circuit Finds That Demand Letters Are Now Sufficient To Create Personal Jurisdiction In District Where Demand Letters Are Received

Posted on April 7, 2019 by Steven Callahan

On December 7, 2018, the Federal Circuit issued its decision in Jack Henry & Associates v. Plano Encryption Technologies (available here). Jack Henry and eleven Texas banks (collectively, the “Banks”) appealed Judge Godbey’s order dismissing their declaratory judgment action against … Continue reading →

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Ford Wins Patent Jury Verdict Against New World International

Posted on April 7, 2019 by Steven Callahan

On November 16, 2018, the jury in Ford Global Technologies v. New World International returned their verdict (available here). Ford asserted several design patents against New World. The jury found none of the patents invalid due to indefiniteness, that the … Continue reading →

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