Category: Judge Solis (Ret.)
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Nexstar Sues Time Warner Cable for Copyright Infringement in the Northern District of Texas
On July 16, 2012, Nexstar filed a lawsuit (complaint available here) in the Northern District of Texas, accusing Time Warner Cable of, among other things, committing copyright infringement. Specifically, Nexstar claims, among other things, that Time Warner Cable is misappropriating the signals of several television broadcast stations owned by Nextar. Judge Solis has been assigned…
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HomeVestors Sues House Buyer Network for Trademark Infringement in the Northern District of Texas
On June 14, 2012, HomeVestors of America, Inc. filed a lawsuit in the Northern District of Texas accusing Duane LeGate and House Buyer Network, Inc. of committing trademark infringement, unfair competition, unjust enrichment, injury to business reputation, and breach of contract under Texas law. HomeVestors, according to the Complaint (available here), “is known as the…
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When Litigating in Judge Solis’ Court, Don’t Put Citations In Footnotes
We recently came across Judge Solis’ decision in United States v. HCA Health Services of Oklahoma, Inc., 09-CV-0992, 2011 WL 4590791 (N.D. Tex. Sept. 30, 2011). Judge Solis stated: “All Parties puts their citations in footnotes. In this District and according to Blue Book Rule B2, citations should be presented in the text of the…
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Beckett Media’s Trademark Infringement Claims Removed to the Northern District of Texas
On July 2, 2012, MJ Holding Company removed Beckett Media’s lawsuit from Texas state court to the Northern District of Texas. (Notice of removal available here.) Beckett Media’s petition asserts that MJ Holding Company is committing trademark infringement through its use of the name “Becker Associates” in connection with the sale of memorabilia and collectibles.…
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SimCrest Hits LS Retail With Breach of Contract Suit in the Northern District of Texas
On June 26, 2012, SimCrest, Inc. filed a lawsuit against LS Retail ehf in the Northern District of Texas. (Complaint available here.) SimCrest claims that it and LS Retail joined into a partnership agreement whereby SimCrest would sell and market its own ERP software in conjunction with LS Retail’s point-of-sale software. However, according to SimCrest,…
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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 and not infringed by Hardware Resources. The patent-in-suit, according to Hardware Resources, “describes a mechanism…
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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, which it has filed an Abbreviated New Drug Application with the FDA for. Galderma claims…
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Judge Solis Upholds the Constitutionality of the False Marking Statute
On June 20, 2011, Judge Solis of the Northern District of Texas, in United States ex rel. Vandever v. Intermatic Manufacturing, upheld the constitutionality of the false marking statute, 35 U.S.C. § 292, which prohibits, among other things, the false marking of products with patent numbers, if done with the intent to deceive the public. …
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Four New Patent Cases Filed in the Northern District of Texas
In the wake of the Fifth Circuit’s en banc decision in In re Volkswagen of Am., Inc., 545 F.3d 304 (5th Cir. 2008), and the Federal Circuit’s decision in In re TS Tech USA Corp., 551 F.3d 1315 (Fed. Cir. 2008), both of which granted mandamus petitions to correct the erroneous denial of transfer motions…
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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…