Author Archives: Steven Callahan

Supreme Court Unanimously Reverses Federal Circuit’s $399 Million Decision in Samsung v. Apple

Posted on December 17, 2016 by Steven Callahan

On December 6, 2016, the Supreme Court issued its (unanimous) opinion in Samsung v. Apple (decision available here). The opinion involved the proper amount of damages for infringement of a design patent. Under 35 U.S.C. § 289, a person who … Continue reading →

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Lesson From The Fifth Circuit – Don’t Wait To Spring Your Best Evidence On Your Opponent At A Deposition

Posted on December 17, 2016 by Steven Callahan

On December 12, 2016, the Fifth Circuit Court of Appeals upheld a district-court decision sanctioning two attorneys ($1,000 each) for “certifying that their clients’ initial disclosures under Federal Rule of Civil Procedure 26(a)(1) were complete and correct even though the … Continue reading →

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File Unjustified Motion for Protective Order Based on Motion to Dismiss, Pay Other Party’s Attorney’s Fees

Posted on November 28, 2016 by Steven Callahan

On September 27, 2016, Judge Godbey issued an Order (available here) in Nu-You Technologies v. Eltoweissy. The plaintiff filed a motion for attorney’s fees, seeking about $4,500 to compensate it for the fees incurred in responding to defendants’ motion for … Continue reading →

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Johnson Investiture, Wichita Falls Docket Update

Posted on October 18, 2016 by Steven Callahan

Johnson Investiture. The Honorable Kimberly C. Priest Johnson was sworn in today as a magistrate judge in the Eastern District of Texas. The ceremony was well attended by area judges and luminaries, including Chief Judge Ron Clark (E.D. Tex.) and Chief … Continue reading →

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Chief Judge Lynn Awards Attorney’s Fees to Microsoft and AT&T in Case Where Plaintiff Did Not Own Asserted Patents

Posted on September 28, 2016 by Steven Callahan

On September 2, 2016, Chief Judge Lynn issued a decision in Raniere v. Microsoft (available here) finding that AT&T and Microsoft were entitled to recover their attorney’s fees from the plaintiff under 35 U.S.C. § 285. Section 285 provides that, … Continue reading →

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Dallas Court of Appeals Rules That Texas Does Not Recognize Patent Agent Privilege

Posted on September 28, 2016 by Steven Callahan

On August 17, 2016, the Dallas Court of Appeals, in In re Silver, 05-16-00774-CV, 2016 WL 4386004 (Tex. App.—Dallas Aug. 17, 2016, no. pet. h.), found that the State of Texas does not recognize a patent-agent privilege, because “[n]o Texas … Continue reading →

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Judge Godbey Issues Order of Civil Contempt and Coercive Incarceration For Failure to Answer Discovery

Posted on August 27, 2016 by Steven Callahan

Here’s a good reason to answer discovery—if you don’t, the judge can throw you in jail until you do. In Denton v. Suter, Judge Godbey issued an Order of Civil Contempt and Coercive Incarceration (available here). In the case, plaintiffs … Continue reading →

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Supreme Court Clarifies When An Award Of Attorney’s Fees Is Proper Under The Copyright Act

Posted on August 27, 2016 by Steven Callahan

On June 16, 2016, the Supreme Court issued its unanimous opinion in Kirtsaeng v. John Wiley & Sons, Inc. (available here). Section 505 of the Copyright Act states that a district court “may . . . award a reasonable attorney’s … Continue reading →

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Fifth Circuit Upholds Judge Lynn’s Decision Finding That Second Amendment Does Not Protect Machineguns

Posted on August 27, 2016 by Steven Callahan

On June 30, 2016, the Fifth Circuit issued its decision in Hollis v. Lynch (available here). The Fifth Circuit upheld Judge Lynn’s decision holding that machineguns are not protected by the Second Amendment. Notably, the Court found that “[t]he Second … Continue reading →

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Recent N.D. Tex. Patent Infringement Lawsuits

Posted on August 27, 2016 by Steven Callahan

There have been many new patent infringement cases filed over the last several months in the Northern District of Texas, including: RFJ Licensing, LLC v. Tait Radio, Inc. (complaint available here) Datamotion Texas, LLC v. Zix Corp. (complaint available here) Nautilus … Continue reading →

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