Author Archives: Steven Callahan

Judge Lynn Transfers Cian Patent Infringement Case to the Western District of Texas

On April 24, 2012, Judge Lynn entered an Order (available here) granting National Instruments’ motion to transfer venue to the Western District of Texas.  Judge Lynn found that “[t]he only connection either party has to this District is that the … Continue reading

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Judge Godbey Awards Damages, Pre-Judgment Interest in Truseal Patent Infringement Case

On March 21, 2012, Judge Godbey issued an opinion (available here) in Truseal Technologies v. GGK Distribution that awarded Truseal $171,157.64 in lost-profit damages, as well as pre-judgment interest (based on the Treasury bill rate).  Judge Godbey had previously found … Continue reading

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The Model Order

At this year’s Eastern District of Texas Bench Bar Conference, the Federal Circuit’s Chief Judge Rader gave a speech (attached) and introduced what is now known as the “Model Order” (located at the very end of the attached pdf) which deals … Continue reading

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Magistrate Judge Kaplan to Step Down on August 31

We have it on good authority that Magistrate Judge Kaplan will step down from his position on August 31, 2012.  Judge Kaplan has a long history of judicial service, and we wish him well with his future endeavors.

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Judge Furgeson To Head University of North Texas Dallas College of the Law

Judge Furgeson of the Northern District of Texas has been selected to become Dean of the University of North Texas Dallas College of the Law.  According to the law.com article (available here), Judge Furgeson will remain on the bench for … Continue reading

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Five Practice Tips For the New Year

Here are five practice tips that may be of use in the New Year: When drafting documents, electronically highlight any areas that need to be filled in later.  Don’t just leave them blank with a “______.”  We’ve seen several filings … Continue reading

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Does the Northern District of Texas have Patent Rules?

Yes.  Although not found in the Northern District of Texas’ Local Rules, the Northern District of Texas does have a set of patent rules.  They are found in Amended Miscellaneous Order No. 62, which is located here.

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Mick Haig’s Counsel Sanctioned by Judge Godbey

On September 9, 2011, Judge Godbey sanctioned the plaintiff’s counsel in Mick Haig Productions v. Does 1-670.  Specifically, Judge Godbey sanctioned the plaintiff’s counsel $10,000 for issuing subpoenas to ISPs in violation of a Court Order.  Judge Godbey also ordered … Continue reading

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Do I Get An Extra 3 Days to Respond to a Motion Filed Electronically in the Northern District of Texas?

No.  Under Local Rule 7.1(e), “[a] response and brief to an opposed motion must be filed within 21 days from the date the motion is filed.”  (Reply briefs may generally be filed “within 14 days from the date the response … Continue reading

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Lhoist Files Patent Infringement Lawsuit in the Northern District of Texas

On September 1, 2011, Lhoist North America, Inc. filed a patent infringement lawsuit in the Northern District of Texas (copy of complaint available here).  Lhoist claims that Defendants Construction Material Recycling Inc. and Lyndon Jones Construction, Inc. infringe Lhoist’s United … Continue reading

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