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Monthly Archives: September 2013
Notice Regarding Government Shutdown
The Northern District of Texas has posted the following Public Notice on its website: In the event of a government shutdown on October 1, 2013, the federal district court will remain open for business as usual for approximately ten business … Continue reading
Posted in N.D. Tex. News
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Galderma Hits Perrigo With ANDA Patent Infringement Lawsuit
On September 27, 2013, Galderma filed a patent infringement lawsuit (Complaint available here) in the Northern District of Texas. In its Complaint, Galderma alleges that Perrigo infringes eight Galderma patents by submitting ANDA No. 205033, for “for approval to make, … Continue reading
Posted in New Lawsuits Filed
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Judge Lynn Rules on Motion to Exclude Expert Testimony In American Imaging Services v. Autodesk
On September 26, 2013, Judge Lynn issued an Order (available here) in American Imaging Services v. Autodesk. The order denied Autodesk’s motion to exclude plaintiff’s validity expert’s testimony as allegedly incorrect and unreliable based on a prior Federal Circuit decision … Continue reading
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Collective Technologies Sues Oracle for Trademark Infringement In Northern District of Texas
On September 20, 2013, Collective Technologies filed a trademark infringement lawsuit (complaint available here) against Oracle. Collective claims that Oracle is infringing Collective’s COLLECTIVE INTELLECT trademark by “appropriate[ing] Collective’s mark by using it in media, campaigns, events and materials.”
Posted in New Lawsuits Filed
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UHS Sues Walls Universal For Trademark Infringement
On September 20, 2013, UHS of Delaware filed a trademark infringement lawsuit (complaint available here) against Walls Universal Home Health. UHS claims Walls “provides its services under the identical and infringing ‘UHS’ and ‘Universal Health Services’ marks to trade off … Continue reading
Posted in New Lawsuits Filed
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Samsung Seeks White House Veto of ITC Import Ban
On August 28, 2013, Samsung submitted a request (available here) to the U.S. Trade Representative that the Trade Representative disapprove of the Commission’s remedy in Samsung’s ITC investigation involving Apple. At issue is whether certain Samsung products should be banned … Continue reading
Posted in Developing Law
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Magistrate Judge Ramirez Issues Claim Construction Findings in H-W Technology v. Overstock.com
On August 30, 2013, Magistrate Judge Ramirez issued a claim construction recommendation (available here) in H-W Technology v. Overstock.com. Judge Ramirez construed two disputed terms from the patent-in-suit in a thorough claim construction opinion. Judge Ramirez’ findings were subsequently adopted … Continue reading
Posted in Judge Fish, Magistrate Judge Ramirez
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Judge Lindsay Issues Summary Judgment Opinion in Bank of America Case
On August 23, 2013, Judge Lindsay issued a 50 page opinion (available here) in the Bank of America case, which granted Bank of America’s motion for summary judgment. Notable aspects of Judge Lindsay’s include the following: Unsworn Expert Reports. “Ms. … Continue reading
Posted in Judge Lindsay, Practice Tips
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Mark Cuban’s Insider Trading Trial Set To Start Today
As reported by 4-traders, Mark Cuban’s insider trading trial starts today in Chief Judge Fitzwater’s courtroom. The trial is expected to last 10 days.
Posted in Judge Fitzwater
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Fifth Circuit Issues Venue Decision in In re Radmax
On June 18, 2013, the Fifth Circuit issued a venue decision in In re Radmax, 720 F.3d 285 (5th Cir. 2013), which involved an intra-division transfer motion seeking transfer from the Marshall Division of the Eastern District of Texas to … Continue reading
Posted in Fifth Circuit Court of Appeals
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