Monthly Archives: July 2015

Judge Lynn Invalidates BASCOM’s Patent Under Alice

Posted on July 21, 2015 by Steven Callahan

On May 15, 2015, Judge Lynn issued an extensive Order (available here) finding that BASCOM’s patent asserted against AT&T was invalid for claiming unpatentable subject matter under 35 U.S.C. § 101 and the Supreme Court’s recent Alice opinion (which I discussed … Continue reading →

Posted in Judge Lynn | Comments Off on Judge Lynn Invalidates BASCOM’s Patent Under Alice

Recent MTel Decisions

Posted on July 21, 2015 by Steven Callahan

There have recently been three decisions of note in the Mobile Telecommunications v. Blackberry patent infringement case. First, Judge Lynn granted Blackberry’s motion for leave to amend its infringement contentions (decision available here). Second, Judge Lynn issued a sixty-five page claim … Continue reading →

Posted in Judge Lynn, Magistrate Judge Toliver | Comments Off on Recent MTel Decisions

Judge Kinkeade Issues Markman Rulings in Red Dog v. Kat Industries and Richmond v. Forever Gifts

Posted on July 21, 2015 by Steven Callahan

Judge Kinkeade recently issued two substantial opinions construing the claims of the patents-at-issue in Red Dog v. Kat Industries and Richmond v. Forever Gifts. The opinions are available here and here.

Posted in Judge Kinkeade | Comments Off on Judge Kinkeade Issues Markman Rulings in Red Dog v. Kat Industries and Richmond v. Forever Gifts

Judge Lynn Resolves Post-Trial Motions in Melchior v. Hilite International

Posted on July 21, 2015 by Steven Callahan

On July 15, 2015, Judge Lynn entered an order (available here) resolving several post-trial motions in the Melchior v. Hilite International case. Judge Lynn ruled, among other things, that there was substantial evidence of infringement, substantial evidence that the claims at … Continue reading →

Posted in Judge Lynn | Comments Off on Judge Lynn Resolves Post-Trial Motions in Melchior v. Hilite International

New Patent Infringement Complaints

Posted on July 21, 2015 by Steven Callahan

Here’s a listing of new patent cases filed recently in the Northern District of Texas: Convergent Media Solutions v. AT&T, Netflix, Roku, and Hulu (complaints available here, here, here, and here) DBK Holdings v. Tee-Zed Products (complaint available here) Galderma v. Glenmark Generics (complaint available here) … Continue reading →

Posted in New Lawsuits Filed | Comments Off on New Patent Infringement Complaints

Rutherford Federal Rules Amendments CLE (Part 3)

Posted on July 21, 2015 by Steven Callahan

This post concludes our discussion of Rebecca Rutherford’s CLE on the amended federal rules, presented on June 2, 2015. Our first post, covering the changes to Rule 26, can be found here. Our second post, addressing the changes to Rule … Continue reading →

Posted in Developing Law | Comments Off on Rutherford Federal Rules Amendments CLE (Part 3)

Judge Lynn Limits Defendant to 30 Prior Art References

Posted on July 17, 2015 by Steven Callahan

In Mobile Telecommunications Technologies v. Blackberry, Judge Lynn entered an Order (available here) limiting the defendant to 30 prior art references in its opening expert report. The Order was without prejudice to defendant seeking leave to assert more than 30 references … Continue reading →

Posted in Judge Lynn | Comments Off on Judge Lynn Limits Defendant to 30 Prior Art References

Judge Kinkeade Invalidates Patent On Motion to Dismiss Under Alice

Posted on July 17, 2015 by Steven Callahan

On May 7, 2015, Judge Kinkeade entered an Order (available here) in Jericho Systems v. Axiomatics finding that the plaintiff’s complaint should be dismissed at the pleadings stage because the patent in suit did not claim patent eligible subject matter under … Continue reading →

Posted in Judge Kinkeade | Comments Off on Judge Kinkeade Invalidates Patent On Motion to Dismiss Under Alice

Judge Godbey Denies Motion to Stay Patent Case Pending Inter Partes Review

Posted on July 17, 2015 by Steven Callahan

On June 17, 2015, Judge Godbey issued an Order (available here) in Lakesouth v. Ace Evert. The Order denied the defendants’ motion to stay pending inter partes review. Judge Godbey found the fact that the patent in suit already went through … Continue reading →

Posted in Judge Godbey (Chief Judge) | Comments Off on Judge Godbey Denies Motion to Stay Patent Case Pending Inter Partes Review

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

Posted on July 17, 2015 by Steven Callahan

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 →

Posted in Attorney's Fees, Judge Means | Comments Off on Judge Means Rules That Allcare Owes Highmark Over $5 Million For Losing Patent Infringement Case