Author Archives: Steven Callahan

If You Hire “Cadillac” Counsel, Don’t Expect The Court To Require Your Opponent To Fully Reimburse You

That’s the lesson coming out of the Beastie Boys v. Monster Energy decision (available here) from the Southern District of New York. The general “American Rule” is that a successful litigant is not entitled to recover its attorney’s fees from its … Continue reading

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Rutherford Federal Rules Amendments CLE (Part 1)

Last Tuesday, Rebecca Rutherford gave a CLE on the upcoming amendments to the Federal Rules (which, absent congressional action, will take effect in December 2015). Ms. Rutherford is a former law clerk of former Magistrate Judge Kaplan, a current law … Continue reading

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Judiciary Appreciation Luncheon (June 19, 2015)

The Northern District of Texas has sent the following announcement regarding a free CLE event on Friday, June 19, 2015: All attorneys and support staff are cordially invited to attend the annual Judiciary Appreciation Luncheon, which is sponsored by the … Continue reading

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Make Sure To File A Reply Brief

I just came across Judge Lindsay’s Order in Martin v. Trend Personnel Services (available here), which provides two pieces of important guidance: 1. File a reply brief: “The court notes that Defendants filed no reply. A reply should always be filed, … Continue reading

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Supreme Court Rules Belief Of Invalidity Is Not A Defense To An Induced Infringement Claim

Yesterday, the Supreme Court issued its decision in Commil v. Cisco (available here). The Court reversed the Federal Circuit, and held that a defendant’s belief regarding patent validity is not a defense to a claim of induced infringement. This is … Continue reading

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Alice: The Death of Software-Related Patents?

In June 2014, the Supreme Court issued its opinion in Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014) (available here). At issue was whether the patents-in-suit—which disclosed a computer-implemented scheme for mitigating “settlement risk” (the … Continue reading

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Recent Supreme Court Decisions of Note

Here are four relatively recent Supreme Court decisions of note to federal court and IP practitioners: American Broadcasting Cos. v. Aereo: the Supreme Court held that Aereo infringes copyright owners’ exclusive right “to perform the copyrighted work publicly” by “by … Continue reading

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New Northern District of Texas Patent Lawsuits

Over the last several weeks, there have been many new patent suits filed in the Northern District of Texas, including: BSN SPORTS v. Bensussen: plaintiff asserts that defendant is infringing U.S. Patent No. 6,308,381, through the sale of products, including … Continue reading

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Judge O’Connor’s Recent Summit 6 Decisions

Over the last several months, Judge O’Connor has issued at least three opinions in the Summit 6 case. First, a 58 page claim construction opinion (available here) construing claim terms. Second, a decision granting in part and denying in part Summit … Continue reading

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Judge Kinkeade Severs and Stays Patent Infringement Claims Against Retailer Defendant

On March 18, 2015, Judge Kinkeade issued an Order (available here) in Richmond v. Forever Gifts. Defendants requested that the Court sever and stay Plaintiff’s claims against Walgreen (the retailer of the accused product) pending final resolution of Plaintiff’s claims against … Continue reading

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