Category Archives: Judge Means

Generally, No Sur-Replies Are Permitted In The Northern District Of Texas

As Judge Means recently noted in Highmark v. Allcare (decision available here), sur-replies are generally not permitted in the Northern District of Texas: Under the local rules, the movant is generally entitled to have the final word. See N.D. Tex. … Continue reading

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Judge Means Rules That Allcare Owes Highmark Over $5 Million For Losing Patent Infringement Case

On June 23, 2015, following a trip up to the Supreme Court, Judge Means ordered patent holder Allcare to pay accused infringer Highmark over $5 million (decision available here). Judge Means concluded that the case was “exceptional” under 35 U.S.C. § … Continue reading

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Judge Means Issues Claim Construction Order in Williams-Pyro v. Warren Watts Technology

On March 10, 2014, Judge Means issued an Order on Claim Construction (available here) in the Williams-Pyro v. Warren Watts Technology case. The Order has a good overview of the law of claim construction, and construes several limitations of the … Continue reading

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Supreme Court Unanimously Reverses Federal Circuit in Highmark v. Allcare

Yesterday was not a good day for the Federal Circuit at the Supreme Court. The Supreme Court, in addition to unanimously reversing the Federal Circuit in Octane v. Icon (see post here), also unanimously reversed the Federal Circuit in Highmark … Continue reading

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Judge Means to Take Senior Status

After almost 22 years on the Northern District of Texas bench, Judge Means will take senior status on July 3, 2013. Judge Means has handled 10,534 civil cases and has sentenced 2,300 criminal defendants. Thank you for your service Judge … Continue reading

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Judge Means Denies Bell Helicopter’s Motion For Preliminary Injunction

On January 30, 2013, Judge Means of the Northern District of Texas issued an order (available here) denying Bell Helicopter’s motion for preliminary injunction, which had sought to preliminary enjoin defendant Vector Aerospace from selling certain removable components of the … Continue reading

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Judge Means Issues Important Patent Pilot Order

As we previously noted, the Northern District of Texas is participating in a patent pilot program, whereby three judges in the Northern District of Texas (Judges Lynn, Godbey and Kinkeade) are hearing all patent cases filed in the Northern District … Continue reading

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Judge Means Denies Motions to Dismiss in American Airlines’ Antitrust Case Against Online Travel / Distribution Companies

On August 7, 2012, Judge Means of the Northern District of Texas denied Sabre, Travelport, and Orbitz’s (“defendants”) motions to dismiss American Airlines’ complaint. (Opinion available here (it was recently unsealed).) In the case, American Airlines claims that Sabre and Travelport … Continue reading

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Federal Circuit Upholds (In Part) Attorney’s Fees Award in Highmark v. Allcare Patent Infringement Case

On August 7, 2012, the Federal Circuit issued a decision (available here) in Highmark, Inc. v. Allcare Health Management Systems, Inc.  Allcare (the patent owner) had appealed Judge Means’ exceptional case order (under 35 U.S.C. § 285) and award of attorney’s … Continue reading

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Yanmar America Corporation Sues Big Red’s Equipment in Northern District of Texas for Trademark Infringement

On July 23, 2012, Yanmar America Corporation filed a lawsuit (available here) in the Northern District of Texas against Big Red’s Equipment.  Yanmar claims that Big Red’s sells “gray market” Yanmar tractors “in a manner that violates [Yanmar’s] valuable intellectual … Continue reading

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