Author Archives: Steven Callahan

Magistrate Judge Stickney Awards Costs Against Attorney Who Missed Settlement Conference

Posted on February 10, 2015 by Steven Callahan

On February 5, 2015, Magistrate Judge Stickney issued an Order (available here) in Dagher v. Deutsche Bank directing the payment of defendants’ costs. Judge Stickney had set a settlement conference, but the plaintiffs’ attorney informed the Court one hour before … Continue reading →

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Judge O’Connor Declines to Stay Case Pending Ex Parte Reexamination

Posted on February 10, 2015 by Steven Callahan

On January 26, 2015, Judge O’Conner issued an Order (available here) in Newco Enterprises v. Super Heaters. Judge O’Conner denied a motion to stay the case pending the completion of ex parte reexamination proceedings after considering the relevant factors.

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Judge Kinkeade Issues Markman Decision in Securus Case

Posted on February 10, 2015 by Steven Callahan

On January 27, 2015, Judge Kinkeade issued a thorugh, fifty-plus page Markman opinion (available here) in Securus Technologies v. Global Tel*Link, which construed the disputed terms of the three patents in suit.

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Supreme Court Issues Trademark Tacking Decision in Hana

Posted on February 10, 2015 by Steven Callahan

In Hana Financial v. Hana Bank (decision available here), the Supreme Court took up the issue of whether trademark “tacking” is for the judge or the jury to decide. The Supreme Court found that it was for the jury, not … Continue reading →

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Federal Circuit Issues Important Decision Regarding Inter Partes Review Proceedings

Posted on February 10, 2015 by Steven Callahan

In In re Cuozzo Speed Technologies, LLC (available here), the Federal Circuit found: (i) it lacked jurisdiction to review the PTAB’s decision to institute an IPR (in light of 35 U.S.C. § 314(d)); and (ii) the PTAB appropriately applied the … Continue reading →

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Fifth Circuit Reverses Contempt Finding Against Attorney

Posted on February 10, 2015 by Steven Callahan

In Waste Management v. Kattler, the Fifth Circuit Court of Appeals reversed the district court’s civil contempt finding against an attorney. Notable aspects of the decision (available here) are that: the contempt finding was vacated on due process grounds because … Continue reading →

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Supreme Court Reverses Federal Circuit With Respect to Deference Owed To District Court Claim Construction Opinions

Posted on January 20, 2015 by Steven Callahan

Today, in Teva v. Sandoz (opinion available here), the Supreme Court reversed the Federal Circuit’s longstanding rule that all claim construction issues, including the District Court’s determination of subsidiary facts, are reviewed de novo on appeal. The Supreme Court held: … Continue reading →

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Bankruptcy Judge Vacancy – Fort Worth

Posted on January 20, 2015 by Steven Callahan

The Northern District of Texas has relayed the following regarding a vacant bankruptcy judge position in Fort Worth: “The U.S. Court of Appeals for the Fifth Circuit seeks applications from all highly qualified candidates for a 14-year appointment as a … Continue reading →

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FBA to Host Annual Federal Civil Practice Seminar on January 26, 2015 at the Belo

Posted on January 20, 2015 by Steven Callahan

Each year, the Federal Bar Association hosts an annual Federal Civil Practice Seminar, an event that is definitely worth attending. This year’s seminar will be held on Monday, January 26, 2015, at the Belo. Speakers will include Judge Lindsay and … Continue reading →

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Judge Godbey Issues Order on Errata Sheets

Posted on January 10, 2015 by Steven Callahan

On December 9, 2014, Judge Godbey issued an Order in Minka Lighting v. Craftmade International (available here) addressing a motion to strike the errata sheet for a deposition. The errata sheet at issue contained 32 corrections to the deposition testimony, 22 … Continue reading →

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