Author Archives: Steven Callahan

Magistrate Judge Tolliver Issues Order Denying Discovery Extension and Motion to Compel Based on Defendants’ Delay

Posted on December 10, 2015 by Steven Callahan

On December 4, 2015, Magistrate Judge Toliver issued an Order (available here) in the S-Line v. B2B Supply case. Defendants sought an extension of time to complete discovery and also an order compelling plaintiff to respond to discovery. The case … Continue reading →

Posted in Magistrate Judge Toliver, Practice Tips | Comments Off on Magistrate Judge Tolliver Issues Order Denying Discovery Extension and Motion to Compel Based on Defendants’ Delay

33 New Patent Cases

Posted on December 10, 2015 by Steven Callahan

Here’s a list of new patent cases filed in the Northern District of Texas recently: Advanced Media Networks v. AT&T (complaint available here) Varidesk LLC v. Brunswick Corp. (complaint available here) Texas LFP v. CiES (complaint available here) High Quality … Continue reading →

Posted in New Lawsuits Filed | Comments Off on 33 New Patent Cases

Texas Sues Federal Government in Northern District of Texas To Prohibit Re-Settlement of Syrian Refugees

Posted on December 3, 2015 by Steven Callahan

Yesterday, Texas sued the United States (complaint available here) in the Northern District of Texas. The lawsuit notes that, on November 19, 2015, Texas wrote the United States asking that it advise Texas whether it intended to resettle Syrian refugees … Continue reading →

Posted in Judge Godbey (Chief Judge), New Lawsuits Filed | Comments Off on Texas Sues Federal Government in Northern District of Texas To Prohibit Re-Settlement of Syrian Refugees

Mere Employees of Adverse Parties Must Be Subpoenaed To Sit For Deposition

Posted on December 3, 2015 by Steven Callahan

Magistrate Judge Horan’s decision in Jackson v. Stevens Transp., Inc., 3:14-CV-1416-M, 2015 WL 221087 (N.D. Tex. Jan. 15, 2015), notes the rule that, in general, employees of one’s opponent must be subpoenaed to sit for deposition, absent the opponent’s agreement … Continue reading →

Posted in Magistrate Judge Horan, Practice Tips | Comments Off on Mere Employees of Adverse Parties Must Be Subpoenaed To Sit For Deposition

Generally, No Sur-Replies Are Permitted In The Northern District Of Texas

Posted on December 3, 2015 by Steven Callahan

As Judge Means recently noted in Highmark v. Allcare (decision available here), sur-replies are generally not permitted in the Northern District of Texas: Under the local rules, the movant is generally entitled to have the final word. See N.D. Tex. … Continue reading →

Posted in Judge Means, Practice Tips | Comments Off on Generally, No Sur-Replies Are Permitted In The Northern District Of Texas

The Supreme Court’s Kimble Opinion

Posted on December 3, 2015 by Steven Callahan

I try to briefly summarize all Supreme Court opinions dealing with intellectual property law. I did not get around to summarizing last June’s Kimble opinion (available here) in a timely manner, but nevertheless now here it goes. In Kimble v. … Continue reading →

Posted in Non-N.D. Tex. Notable Decisions | Comments Off on The Supreme Court’s Kimble Opinion

Judge Lynn Grants Motion For Leave To Amend Infringement Contentions

Posted on November 23, 2015 by Steven Callahan

Judge Lynn issued an Order (available here) in RXPress Pharmacy v. Afgin Pharma allowing the amendment of infringement contentions. The Court set forth the applicable standard as follows: Infringement contentions may be amended upon a showing of good cause. Am. … Continue reading →

Posted in Judge Lynn | Comments Off on Judge Lynn Grants Motion For Leave To Amend Infringement Contentions

Judge McBryde Finds That An Amended Complaint Filed While Motion to Dismiss Is Pending Moots Motion to Dismiss

Posted on November 23, 2015 by Steven Callahan

Judge McBryde made clear, in an November 10, 2015 Order (available here), that when a motion to dismiss is pending and the plaintiff amends its complaint, the motion to dismiss becomes moot: “So that there will be no confusion, i.e., … Continue reading →

Posted in Judge McBryde (Ret.) | Comments Off on Judge McBryde Finds That An Amended Complaint Filed While Motion to Dismiss Is Pending Moots Motion to Dismiss

Judge Lynn Denies Defendants’ Motion for Leave to Join Acacia To Case As Defendant

Posted on November 23, 2015 by Steven Callahan

On October 10, 2015, Judge Lynn issued an Order (available here) in In re Industrial Print Technologies, LLC Patent Litigation denying defendants’ motion for leave to amend their pleadings to add Acacia Research Group as a counter-defendant. Defendants argued that … Continue reading →

Posted in Judge Lynn | Comments Off on Judge Lynn Denies Defendants’ Motion for Leave to Join Acacia To Case As Defendant

Judge Kinkeade Invalidates Two Global Tel*Link Patents Under Alice

Posted on November 23, 2015 by Steven Callahan

On November 2, 2015, Judge Kinkeade issued an Order (available here) invalidating two of Global Tel*Link’s patents under the Supreme Court’s recent Alice decision on a motion for judgment on the pleadings filed by Securus. Judge Kinkeade found that both … Continue reading →

Posted in Judge Kinkeade | Comments Off on Judge Kinkeade Invalidates Two Global Tel*Link Patents Under Alice