Author Archives: Steven Callahan

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

Posted on September 6, 2017 by Steven Callahan

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 →

Posted in Judge Godbey (Chief Judge) | Comments Off on Judge Godbey Grants Summary Judgment In AT&T’s Favor In Suit Brought By Advanced Media Networks

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

Posted on September 3, 2017 by Steven Callahan

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 →

Posted in Judge Lynn, N.D. Tex. News | Comments Off on N.D. Tex. Jury: Nintendo Must Pay $10.1 Million For Infringing ILife’s Patent

Differences Between the Northern District of Texas’ and the Eastern District of Texas’ Patent Rules

Posted on September 3, 2017 by Steven Callahan

With more patent cases being filed in the Northern District of Texas (given the Supreme Court’s recent TC Heartland venue ruling), it’s probably a good time to refresh practitioners’ recollections as to the differences between the Northern District of Texas’ … Continue reading →

Posted in Local Rules, N.D. Tex. Patent Rules | Comments Off on Differences Between the Northern District of Texas’ and the Eastern District of Texas’ Patent Rules

New Patent Cases

Posted on September 3, 2017 by Steven Callahan

In the last several weeks, there have been several new patent-infringement lawsuits filed in the Northern District of Texas, including: Uniloc v. Akamai (two cases, complaints available here and here); Uniloc v. Infor (two cases, complaints available here and here); … Continue reading →

Posted in New Lawsuits Filed | Comments Off on New Patent Cases

Magistrate Judge Toliver Sanctions Defendant $7,500 And Precludes Testimony For Failure To Appear For Deposition

Posted on August 14, 2017 by Steven Callahan

On August 8, 2017, Magistrate Judge Toliver issued an Order (available here) in National Urban League v. Urban League of Greater Dallas & North Central Texas. The Order is worth a read as a reminder of some of the bad … Continue reading →

Posted in Attorney's Fees, Discovery, Magistrate Judge Toliver, Sanctions | Comments Off on Magistrate Judge Toliver Sanctions Defendant $7,500 And Precludes Testimony For Failure To Appear For Deposition

Supreme Court Allows Trademark Registration Of “Derogatory” Terms

Posted on August 14, 2017 by Steven Callahan

On June 19, 2017, the Supreme Court issued its decision in Matal v. Tam (available here). In Tam, a band applied for a federal trademark registration of the band’s name, “The Slants.” “Slants” is a derogatory term for persons of … Continue reading →

Posted in Developing Law, U.S. Supreme Court | Comments Off on Supreme Court Allows Trademark Registration Of “Derogatory” Terms

Supreme Court’s Biosimilar Decision in Sandoz v. Amgen

Posted on August 14, 2017 by Steven Callahan

On June 12, 2017, the Supreme Court issued its decision in Sandoz v. Amgen (available here). The Court interpreted 42 U. S. C. § 262(l), enacted as part of the Biologics Price Competition Act of 2009 (BPCIA). The BPCIA governs … Continue reading →

Posted in Developing Law, U.S. Supreme Court | Comments Off on Supreme Court’s Biosimilar Decision in Sandoz v. Amgen

Will Martin Shkreli’s Letter “Hoping to See Four Children Homeless” Send Him to Prison?

Posted on July 20, 2017 by Steven Callahan

Long ago, someone told me to assume everything you write will end up on the front page of the New York Times, and someone else (likely my mother) told me, “if you don’t have anything nice to say, don’t say … Continue reading →

Posted in Practice Tips | Comments Off on Will Martin Shkreli’s Letter “Hoping to See Four Children Homeless” Send Him to Prison?

Don’t Know Who To Sue? Magistrate Judge Toliver Lays Out The Procedure For Obtaining Discovery To Find Out

Posted on July 20, 2017 by Steven Callahan

On July 12, 2017, Magistrate Judge Toliver issued an Order in Mary Kay v. Ayon (available here) detailing how to obtain discovery to determine a defendant’s identity. In the case, Mary Kay (the plaintiff) filed a motion for leave to … Continue reading →

Posted in Discovery, Magistrate Judge Toliver | Comments Off on Don’t Know Who To Sue? Magistrate Judge Toliver Lays Out The Procedure For Obtaining Discovery To Find Out

Stuck in Dodge? Can You Challenge Venue In Patent Cases Under TC Heartland If You Previously Failed to Contest Venue?

Posted on July 16, 2017 by Steven Callahan

As I previously noted, the Supreme Court’s recent TC Heartland decision dramatically curtailed where patent holders can sue defendants for infringement. Prior to TC Heartland, under the Federal Circuit’s decisions (dating back to 1990 in VE Holding), patent owners could … Continue reading →

Posted in Developing Law, Federal Circuit Court of Appeals, Judge Lynn, U.S. Supreme Court | Comments Off on Stuck in Dodge? Can You Challenge Venue In Patent Cases Under TC Heartland If You Previously Failed to Contest Venue?