Monthly Archives: July 2013

Judge Lynn Denies Motion to Transfer Venue

Posted on July 31, 2013 by Steven Callahan

On July 8, 2013, Judge Lynn issued an opinion in JetPay Merchant Services v. Chartis Speciality Insurance Company, 3:13-CV-0401, 2013 WL 3387517 (N.D. Tex. July 8, 2013), denying  Chartis’ motion to transfer to the Southern District of New York. JetPay’s … Continue reading →

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Bruegmann Sues Macro Display Specialists in Northern District of Texas for Patent Infringement

Posted on July 31, 2013 by Steven Callahan

On July 22, 2013, Bruegmann filed a lawsuit (complaint available here) against Macro Display Specialists. Bruegmann claims that Macro infringes U.S. Patent No. 6,089,385, which claims a roller type commodity stand. Bruegmann seeks an injunction, past and future damages, and … Continue reading →

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Fifth Circuit Upholds Judge Boyle’s Invalidation of Farmers Branch’s Ordinance Prohibiting Illegal Immigrants From Renting Housing

Posted on July 31, 2013 by Steven Callahan

On July 22, 2013, the Fifth Circuit released its opinion in Villas at Parkside Partners v. City of Farmers Branch, No. 10–10751, 2013 WL 3791664 (5th Cir. 2013) (en banc). Farmers Branch’s Ordinance was passed by the active citizens of … Continue reading →

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Senators Accepting Applications for Judicial Vacancies in Texas

Posted on July 31, 2013 by Steven Callahan

There are six judicial vacancies in federal courts in Texas that Senators Cornyn and Cruz are accepting applications for: the Southern (Houston, Corpus Christi, Brownsville), Eastern (Sherman, Texarkana) and Western (San Antonio) Districts. There is also a judicial vacancy in … Continue reading →

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Federal Circuit Issues En Banc Decision in CLS Bank v. Alice Corp. To Address Software Patentability Issues

Posted on July 31, 2013 by Steven Callahan

On May 10, 2013, the Federal Circuit (in a 135 page opinion, available here) issued its decision en banc in CLS Bank v. Alice Corp. The opinion (as well as Chief Judge Rader’s “Additional Reflections” and Judge Moore’s dissent-in-part) is … Continue reading →

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Importance of Local Counsel in Northern District of Texas

Posted on July 28, 2013 by Steven Callahan

On July 18, 2013, Judge Kinkeade issued an Order (available here) in Long Range Systems v. HME Wireless. The Order reads in relevant part: Before the court is Defendant HME Wireless, Inc.’s Opposed Expedited Motion to Strike Declaration of Michael … Continue reading →

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Federal Circuit’s Model Order Limiting Excess Patent Claims and Prior Art

Posted on July 28, 2013 by Steven Callahan

The Federal Circuit’s Advisory Council has issued a Model Order Limiting Excess Patent Claims and Prior Art (available here). The key features of the Model Order are the following: Pre-Markman Patent Holder Limitation: 10 Claims Per Patent / 32 Claims … Continue reading →

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Posner On Patent Trolls

Posted on July 28, 2013 by Steven Callahan

On July 21, 2013, Judge Posner (of the Seventh Circuit) wrote an article entitled “Patent Trolls.” Judge Posner proposes to solve the so-called patent troll problem by creating “a rule that barred enforcement of a patent that was not reduced … Continue reading →

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Judge Lindsay Denies Preliminary Injunction In Alliance Wireless Case

Posted on July 24, 2013 by Steven Callahan

On July 16, 2013, Judge Lindsay found that a preliminary injunction was not warranted in Alliance Wireless v. 3rd Eye Surveillance (decision available here). Alliance Wireless had filed suit against 3rd Eye Surveillance asserting federal and state claims for trademark and … Continue reading →

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Judge O’Connor Tosses Purported Class Action Against Southwest Airlines

Posted on July 24, 2013 by Steven Callahan

On July 10, 2013, Judge O’Connor issued an order in Lopez v. Southwest and Cusick v. Southwest (order available here) granting Southwest’s motion to dismiss. Plaintiffs had asserted breach-of-express-warranty claims relating to various “airworthiness directive” safety measures mandated by the federal … Continue reading →

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