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Recent Posts
- Patent Pilot Program To Expire In July 2021
- Repeat Copyright Plaintiff (Who Is Also Attorney Who Represents Himself) Hit With $172,173 Award For Losing Copyright Case
- Federal Circuit to W.D. Tex.: Court Congestion Not Enough To Justify Keeping Case On Transfer Motion
- Supreme Court Holds That Booking.Com May Be A Trademark
- Post-Judgment Discovery Revealing Party As Judgment-Proof Shell Company Warrants Re-Opening Case And Joining New Parties (Including Party’s Owners and Law Firm)
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Author Archives: Steven Callahan
Patent Pilot Program To Expire In July 2021
The patent pilot program expires by operation of law on July 4, 2021, so Chief Judge Lynn issued an order (available here) vacating Special Order No. 3-287 (which set forth the prior procedure for assigning judges to patent cases under … Continue reading
Posted in Judge Lynn, N.D. Tex. News
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Repeat Copyright Plaintiff (Who Is Also Attorney Who Represents Himself) Hit With $172,173 Award For Losing Copyright Case
Everyone loves a good man-bites-dog story. This is the story of an attorney who took pictures of the Indianapolis skyline and filed dozens of lawsuits accusing defendants of copyright infringement. The story didn’t end well for the attorney. The jury … Continue reading
Posted in Attorney's Fees, Non-N.D. Tex. Notable Decisions
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Federal Circuit to W.D. Tex.: Court Congestion Not Enough To Justify Keeping Case On Transfer Motion
So holds the Federal Circuit in its July 28, 2020 decision in In re Adobe Inc. (available here) issuing a writ of mandamus directing the Western District of Texas to transfer a patent case brought against Adobe to the Northern … Continue reading
Posted in Federal Circuit Court of Appeals
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Supreme Court Holds That Booking.Com May Be A Trademark
On June 30, 2020, the Supreme Court issued its decision in USPTO v. Booking.Com (available here). The Court rejected the PTO’s suggested rule that “[t]he combination of a generic word and ‘.com’ is generic.” Because consumers do not perceive the … Continue reading
Posted in U.S. Supreme Court
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Post-Judgment Discovery Revealing Party As Judgment-Proof Shell Company Warrants Re-Opening Case And Joining New Parties (Including Party’s Owners and Law Firm)
On March 23, 2021, the Northern District of Texas entered a decision in SAP America, Inc. v. InvestPic, LLC (available here). In the case, the Court granted Plaintiff’s motion for judgment on the pleadings asserting that all of the claims … Continue reading
Posted in Attorney's Fees, Developing Law, Judge Kinkeade
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Federal Circuit Requires Stay Until Transfer Ruling (Part 2)
On March 8, 2021, the Federal Circuit issued an order in In re: Tracfone Wireless, Inc. (available here). This order is another Federal Circuit decision directing W.D. Tex.’s Judge Albright to stay a case pending the resolution of a motion … Continue reading
Posted in Developing Law, Federal Circuit Court of Appeals
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“Highly Sensitive” Documents May Be Filed Offline
In the wake of a large-data breach of the federal courts case management system, the Northern District of Texas Bankruptcy Court entered General Order 2021-02 (available here). The order provides for offline filing of “highly sensitive documents”— documents “containing classified … Continue reading
Posted in N.D. Tex. News
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Federal Circuit Requires Stay Until Transfer Ruling
On February 1, 2021, the Federal Circuit issued an order in In re: SK Hynix Inc. (available here). The order required a Western District of Texas district court judge to stay all proceedings until ruling on a pending transfer motion. … Continue reading
Posted in Developing Law, Federal Circuit Court of Appeals
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Federal Circuit Upholds Nintendo’s Alice Win
On January 13, 2021, the Federal Circuit issued a decision in iLife Technologies, Inc. v. Nintendo of America, Inc. (available here). The decision affirmed Chief Judge Lynn’s decision that, under Alice, iLife’s patent claim at issue was directed to patent … Continue reading
Posted in Federal Circuit Court of Appeals, Judge Lynn
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Federal Circuit Axes Graphical Processing Patent Under Alice
On December 29, 2020, the Federal Circuit issued its opinion in Simio v. Flexim Software (available here), deeming the patent-in-suit ineligible for patenting under the Supreme Court’s Alice decision. Under Alice Step 1, the Court held that the patent’s key … Continue reading
Posted in Federal Circuit Court of Appeals
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