Author: Steven Callahan
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Magistrate Judge Kaplan Issues Costs Decision in Patent Infringement Case
On November 10, 2010, Magistrate Judge Kaplan set forth his findings and recommendations in Fast Memory Erase v. Intel, a patent infringement lawsuit pending in the Northern District of Texas (pdf copy of the decision located here). This is an important opinion that discusses costs that may be appropriately taxed in a prevailing party’s favor.…
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Diego’s Burritos Files Trademark Infringement Lawsuit in the Northern District of Texas
On November 19, 2010, Diego’s Burritos filed a lawsuit against Christian Taylor Gomez d/b/a Diego’s in the Northern District of Texas (pdf copy of the complaint located here). Diego’s Burritos claims that Gomez has infringed its Diego’s Burritos trademark by operating a restaurant in Big Spring, Texas called Diego’s. Diego’s Burritos seeks, among other things, a…
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Judge Lindsay Warns Litigants to Cite Binding Precedent
On November 16, 2010, Judge Lindsay issued an opinion in Federal National Mortgage Association v. Elliot (pdf copy of opinion here). The opinion concerned plaintiff’s motion to remand to state court. None of the defendants filed a response. Finding that the Court lacked subject matter jurisdiction, Judge Lindsay remanded the case to state court. In…
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Nation Wide Products Hits MJC America and Wal-Mart With Patent Infringement Lawsuit in the Northern District of Texas
On November 18, 2010, Nation Wide Products filed suit against MJC America and Wal-Mart in the Northern District of Texas (pdf copy of complaint found here). Nation Wide claims that MJC America and Wal-Mart infringe its United States Patent No. 5,636,816, which discloses technology relating to air conditioner mounting brackets. Brett Govett and Michael Regitz,…
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A Lawsuit With a View Filed in the Northern District of Texas
On November 12, 2010, Twin Restaurant IP, LLC (“Twin Peaks”) sued Grand Tetons, LLC d/b/a Northern Exposure in the Northern District of Texas (pdf copy of the complain found here). According to Twin Peaks: Twin Peaks Restaurants employ a distinctive trade dress that is widely and favorably known and that conveys to consumers a specific…
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Chief Judge Fitzwater Denies Rolls-Royce’s Motion for Reconsideration
On November 8, 2010, Chief Judge Fitzwater denied Rolls-Royce’s request that the Court alter its prior Order (pdf copy of ruling available here). Rolls-Royce sued H.E.R.O.S., Inc. and Hye-Tech Manufacturing, LLC (“Defendants”), alleging that they misappropriated Rolls-Royce’s trade secrets. The Court had previously granted Defendants’ summary judgment motion as to Rolls-Royce’s misappropriation claim, “holding that…
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MAG Entertainment Removes Misappropriation Lawsuit to Northern District of Texas
On November 8, 2010, MGA Entertainment, Inc. (“MGA”) removed IP Defenders, Inc.’s misappropriation lawsuit from Texas state court to the Northern District of Texas (pdf copy of the original petition located here). IP Defenders claims that it is the assignee of Innovation First, Inc., and that MGA Entertainment has “copycatted” Innovation First’s HEXBUG NANO micro…
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UFC Files Copyright Infringement Lawsuit in the Northern District of Texas
On November 10, 2010, the Ultimate Fighting Championship (“UFC”) filed suit against Hooley’s Tavern in the Northern District of Texas (pdf copy of the complaint located here). UFC alleges that Hooley’s Tavern “unlawfully intercepted, received and/or de-scrambled” the satellite signal that transmitted UFC #114 and broadcasted it without UFC’s consent. UFC alleges causes of action…
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Snoring Center Files Trademark Infringement Lawsuit in the Northern District of Texas
On November 3, 2010, the Snoring Center filed a lawsuit against several individuals and entities, including Snoring Solutions, in the Northern District of Texas (pdf copy of complaint available here). Snoring Center claims that is operates a “revolutionary medical practice” in Texas that treats snoring through a minimally invasive, office-based treatment. According to Snoring Center,…
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Traxxas, LP’s Trademark Infringement Lawsuit Removed to the Northern District of Texas
On November 2, 2010, Xin Yu Arts Toys Co, Ltd. and AutoTec Sales d/b/a Extreme Machines (collectively, “Extreme Machines”) removed Traxxas, LP’s trademark infringement lawsuit to the Northern District of Texas. Traxxas accuses Extreme Machines of intentionally copying Traxxas’ marks and trade dress to confuse consumers (pdf copy of original petition available here). Traxxas’ marks…