Author Archives: Steven Callahan

Mark Cuban Files Motion to Compel Against the SEC

On August 29, 2011, Mark Cuban filed a motion to compel (available here) requesting that the Court order the SEC to provide several categories of documents that, according to Mr. Cuban, have been improperly withheld.  Mr. Cuban states that, “[t]he … Continue reading

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Alcon Pharmaceuticals Files Patent Infringement Lawsuit Against Apotex in the Northern District of Texas

On August 25, 2011, Alcon Pharmaceuticals filed a lawsuit (complaint available here) relating to Apotex’s filing of an Abbreviated New Drug Application seeking approval to manufacture and sell a generic version of Patanase nasal spray.  Alcon asserts that Apotex’s spray … Continue reading

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Hardware Resources Files Declaratory Judgment Patent Lawsuit in the Northern District of Texas

On August 25, 2011, Hardware Resources filed a declaratory judgment lawsuit against ATC Hardware Systems in the Northern District of Texas (copy of complaint available here).  Hardware Resources seeks a declaratory judgment that United States Patent No. 7,458,651 is invalid … Continue reading

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Patent Pilot Project Goes Into Effect On September 1, 2011; Judges Lynn, Godbey, And Kinkeade To Hear All Patent Cases

Chief Judge Fitzwater recently entered Special Order No. 3-287 (available here).  The Order states that, when a patent case is filed in or transferred to the Northern District of Texas on or after September 1, 2011, the case will be … Continue reading

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Public Notice Regarding The Reappointment Of Magistrate Judge Roach

Magistrate Judge Roach’s current term expires on March 31, 2012.  The Northern District of Texas has issued a public notice (available here) regarding Judge Roach’s reappointment.  Written comments from members of the bar or the public regarding reappointment should be … Continue reading

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Magistrate Judge Kaplan Issues Important Discovery Opinion in Patent Case

On July 22, 2011, Magistrate Judge Kaplan issued an Order resolving a discovery dispute in Red River v. Verizon Services Corp. et al. (Order available here).  The patent infringement case was recently transferred from the Eastern District of Texas, and … Continue reading

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Chief Judge Fitzwater Strikes Mark Cuban’s Unclean Hands Defense in SEC Enforcement Action

On July 18, 2011, in a thorough opinion (available here), Chief Judge Fitzwater agreed with the SEC that Mark Cuban’s unclean hands defense should be struck.  The SEC had instituted an enforcement action against Cuban, alleging that Cuban violated the … Continue reading

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Galderma Laboratories Sues Tolmar for Patent Infringement In the Northern District of Texas

On July 18, 2011, Galderma Laboratories filed a patent infringement lawsuit against Tolmar in the Northern District of Texas.  According to the Complaint (available here), Tolmar manufactures a generic 1% metronidazole topical gel for use in the treatment of rosacea, … Continue reading

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Fifth Circuit Vacates Judge McBryde’s Triple Tee Golf Sanctions Order

Last February, we blogged about Judge McBryde’s 114-page Triple Tee Golf opinion sanctioning several attorneys (and their client) for allegedly violating Rule 11.  We just noticed that the Fifth Circuit Court of Appeals, in an unpublished opinion from April 2011 … Continue reading

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Northern District of Texas Judges To Hold CLE Discussing the Implementation of the Patent Pilot Program

The IP Law Section of the Dallas Bar Association has announced that, on July 26, 2011, Judges Lynn, Godbey, and Kinkeade will hold a lunch-time CLE at the Belo to discuss the Northern District of Texas’ Patent Pilot Program and … Continue reading

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