Category Archives: Non-N.D. Tex. Notable Decisions

Repeat Copyright Plaintiff (Who Is Also Attorney Who Represents Himself) Hit With $172,173 Award For Losing Copyright Case

Posted on June 1, 2021 by Steven Callahan

Everyone loves a good man-bites-dog story. This is the story of an attorney who took pictures of the Indianapolis skyline and filed dozens of lawsuits accusing defendants of copyright infringement. The story didn’t end well for the attorney. The jury … Continue reading →

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Litigation Funding Materials Ruled Irrelevant And Not Discoverable

Posted on June 20, 2020 by Steven Callahan

Here’s an important decision from Chief Judge Stark from the District of Delaware regarding the non-discoverability of communications with litigation funders. Chief Judge Stark found that defendants were not entitled to obtain discovery regarding (i) potential investments by third parties … Continue reading →

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Should You Communicate With Your Opponent’s Employees Without Your Opposing Counsel’s Permission? Likely Not.

Posted on April 16, 2020 by Steven Callahan

I know it’s technically allowed in some instances but I’ve never seen a situation where contacting your opponent’s employees directly (as opposed to, e.g., seeking their depositions) did any good. So I avoid it. The district court (S.D.N.Y.) recently issued … Continue reading →

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E-Mail From Court to Court Coordinator, Instead of Signed Written Order, Is Sufficient to Trigger “Waiver Through Delay”

Posted on April 16, 2020 by Steven Callahan

Things in Texas state court are a bit different from federal court. Take the Fifth District Court of Appeals’ decision In re Yamaha Golf-Car Company (available here). In the case, the trial court e-mailed her court administrator stating that the … Continue reading →

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Some Reasons Why Trade Secret Theft Isn’t Cool

Posted on March 21, 2020 by Steven Callahan

A bankruptcy, a $179 million arbitration award, and a prison sentence of up to 10 years = good reasons not to take your employer’s trade secrets on your way out the door. Here’s Anthony Levandowski plea agreement relating to Levandowski’s … Continue reading →

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Always Local Counsel Up

Posted on February 29, 2020 by Steven Callahan

If you file a Complaint in a court you’re not admitted in, you’re risking an Order to Show Cause why the Complaint shouldn’t be considered a nullity. Motto of story: retain local counsel to file the Complaint, then get yourself … Continue reading →

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Client: “The Defendants Owe Me a Bunch of Money. Let’s File Suit and Freeze Their Assets” Attorney: “That’s Not the Way It Typically Works”

Posted on July 21, 2019 by Steven Callahan

On April 12, 2019, the Fifth District Court of Appeals issued its decision in RWI Construction v. Comerica Bank (available here). The trial court granted Comerica Bank’s request for a temporary injunction enjoining defendants from dissipating certain funds that had … Continue reading →

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CCRG Obtains Transfer of Patent Case From Delaware to Dallas

Posted on May 6, 2019 by Steven Callahan

Congrats to my partners Brett Charhon, Martin Robson, and Anthony Garza for obtaining a transfer of venue from Delaware to Dallas in a patent-infringement case we’re litigating on behalf of RMG Networks. Transfers out of Delaware are rare occurrences, especially … Continue reading →

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Texas Supreme Court Rules Patent Agent Emails Are Privileged

Posted on March 26, 2018 by Steven Callahan

On February 23, 2018, the Texas Supreme Court issued its decision in In re Andrew Silver (available here). In this case, Silver claimed he invented the technology that became a “stand-alone tablet designed to allow customers at restaurants to order food and … Continue reading →

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The Party’s Over: The Death of Patent Cases In the Eastern District of Texas

Posted on May 22, 2017 by Steven Callahan

Today, the Supreme Court released its much-anticipated decision in TC Heartland v. Kraft Foods (decision available here). The Supreme Court reversed decades of Federal Circuit case law that essentially allowed a patent-infringement defendant to be sued wherever it sold the … Continue reading →

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