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Author Archives: Steven Callahan
Galderma Laboratories Files ANDA Suit in the Northern District of Texas
On June 26, 2012, Galderma Laboratories filed a lawsuit (available here) in the Northern District of Texas against Actavis Mid Atlantic LLC. Galderma claims that Actavis submitted an ANDA (abbreviated new drug application) seeking approval to engage in the commercial … Continue reading
Posted in Judge Kinkeade, New Lawsuits Filed
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Patent Infringement Litigation: Obtaining an Injunction Gets Much Harder
In the old days, if you proved that a defendant infringed your patent, you were nearly always entitled to an injunction prohibiting the defendant from continuing to infringe. According to the Federal Circuit, “[b]ecause the ‘right to exclude recognized in … Continue reading
Posted in Developing Law, Practice Tips
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Patent Infringement Litigation: Obviousness Gets Much Easier to Prove
An inventor cannot obtain a patent “if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was … Continue reading
Posted in Developing Law, Practice Tips
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Patent Infringement Litigation: Raising the Bar for Proving Willful Infringement
In the last five years or so, there’s been a dramatic change in many of the areas of law concerning patent infringement. We plan to discuss recent, notable decisions and changes in the law over the next couple of weeks. … Continue reading
Posted in Developing Law, Federal Circuit Court of Appeals, Practice Tips
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Excentus Corporation Files Declaratory Judgment Patent Lawsuit In Northern District of Texas
On June 22, 2012, Excentus Corporation filed a lawsuit against CodePro Innovations, LLC, seeking a declaratory judgment of non-infringement of United States Patent Nos. 5,924,078 and 5,717,866, which claim technology relating to providing discounts through point-of-sale systems. (Copy of Complaint … Continue reading
Posted in New Lawsuits Filed
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What To Look For When Selecting Local Counsel
We act as local counsel in the Northern District of Texas and often use local counsel for our cases that are pending outside of Texas. Here are some things we think you should look for when selecting local counsel. Knowledge … Continue reading
Posted in Dondi, Local Rules, Northern District Practice Tips, Practice Tips
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Practice Tip: Electronically Redacting Documents
Courts in the Northern District of Texas require, in certain instances, parties to redact filings (e.g., when filing briefs that contain materials designated under the Court’s Protective Order). Federal Rule of Civil Procedure 5.1 requires redaction of certain sensitive personal … Continue reading
Posted in Northern District Practice Tips, Practice Tips
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Judge Means Grants American Airlines TRO Halting Union Election
On May 2, 2012, American Airlines (“American”) filed suit against the National Mediation Board (“NMB”), seeking to prohibit the NMB from holding an election to determine who shall represent American’s passenger service employees unless the NMB had a “showing of … Continue reading
Posted in Judge Means, N.D. Tex. News
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Jet Blue Captain Found Competent to Stand Trial
Last March, Jet Blue captain Clayton Osbon interfered with a flight en route to Las Vegas. The plane was diverted to Amarillo, Texas, and Osbon was criminally charged in the Northern District of Texas with interfering with the duties of … Continue reading
Posted in Judge Robinson (Ret.), N.D. Tex. News
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Comcast Sues British Telecommunications For Patent Infringement in the Northern District of Texas
On June 1, 2012, Comcast filed a patent infringement lawsuit against British Telecommunications in the Northern District of Texas (complaint available here). Comcast assert that BT infringes six of its patents: U.S. Patent Nos. 5,752,159; 6,115,035; 6,487,594; 7,142,508; 5,638,516; and … Continue reading
Posted in Judge Lynn, New Lawsuits Filed
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