Author Archives: Steven Callahan

Judge Lynn Stays Merits Discovery Pending Resolution of Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue

Posted on April 28, 2015 by Steven Callahan

In Heat On-The-Fly v. Enervco, Judge Lynn entered an Order (available here) staying merits discovery pending the Court’s resolution of defendant’s motion to dismiss for lack of personal jurisdiction and improper venue: In light of the fact that the Court … Continue reading →

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Judge Kinkeade Denies Motion for Preliminary Injunction In Patent Case

Posted on April 28, 2015 by Steven Callahan

In Mannatech v. Wellness Quest, the plaintiff sued defendants asserting infringement of two patents. The plaintiff then moved for a preliminary injunction and expedited discovery. Judge Kinkeade issued an Order (available here) rejecting the plaintiff’s requests. The Court premised its … Continue reading →

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“Close Call” In Terms of Infringement and Validity Precludes Willfulness Claim In Patent Case

Posted on April 28, 2015 by Steven Callahan

On March 9, 2015, Judge Lynn issued an Order (available here) in Melchior v. Hilite International. The Court found that a “close call” in terms of infringement/invalidity issues precluded the plaintiff’s willfulness claim: Specifically, the Court found Plaintiff did not meet … Continue reading →

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Judge Kinkeade Tosses Patent Infringement Case Due to Lack of Standing

Posted on April 28, 2015 by Steven Callahan

Judge Kinkeade issued an order in Optimal Golf v. Altex Corp. (available here) finding that the plaintiffs lacked standing when the case was filed. The Court was not happy, writing: This is now the second case involving the same patent … Continue reading →

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Judge Kinkeade Transfers Patent Case to Western District of Texas

Posted on April 28, 2015 by Steven Callahan

On March 9, 2015, Judge Kinkeade entered an Order (available here) in Smith’s Consumer Products v. Fortune Products transferring the case from the Northern District of Texas to the Western District of Texas. Plaintiff was a Delaware corporation with its … Continue reading →

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Judge Lynn Denies Motion for Stay Pending Covered Business Method Patent Review

Posted on April 28, 2015 by Steven Callahan

On April 24, 2015, Judge Lynn issued an opinion in Credit Card Fraud Control v. Maxmind (available here). Defendant sought to stay the case pending CBM review. Judge Lynn denied the motion to stay, in large part because the PTAB … Continue reading →

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Improperly Redacted Document Leads to Unsealing Order

Posted on April 28, 2015 by Steven Callahan

I previously wrote about how documents are often improperly redacted (from a technical perspective). In the decision available here, the Court held that, when documents have been filed in an unredacted form (because they were not properly redacted), they are no … Continue reading →

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Jury Issues Verdict in Melchior v. Hilite Case

Posted on March 28, 2015 by Steven Callahan

On February 27, 2014, the jury returned a verdict (available here) in Melchior v. Hilite, a case tried before Judge Lynn. The jury found that defendants infringed the patents in suit and the patents in suit were not anticipated or invalid due … Continue reading →

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Magistrate Judge Ramirez Issues Findings, Conclusions and Recommendation On Exceptional Case/Attorney’s Fees Motion

Posted on March 28, 2015 by Steven Callahan

In H-W Technology v. Overstock.com, defendant filed a motion for requesting exception case finding and an award of attorney’s fees. Judge Ramirez recommended the denial of this motion (decision available here). Judge Ramirez’s decision contains a good discussion of the … Continue reading →

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Motion to Dismiss and Motion for Preliminary Injunction Denied in Infinite v. Strukmeyer Case

Posted on March 28, 2015 by Steven Callahan

Judge Godbey resolved plaintiffs’ motion for a preliminary injunction and defendants’ motion to dismiss in Infinite v. Strukmeyer, denying both motions. The Order is available here. Judge Godbey found that the plaintiffs had met the federal pleading standards with their complaint, but … Continue reading →

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