Monthly Archives: August 2018

Moving For Attorney’s Fees? Judge Kinkeade Lays Out A Road Map For Your Proof On Reasonableness

Posted on August 2, 2018 by Steven Callahan

On May 15, 2018, Judge Kinkeade denied (without prejudice to refiling) SAP’s Motion for Recovery of Attorneys’ Fees (Order available here). In this patent case, SAP prevailed against InvestPic, and Judge Kinkeade found the case exceptional, such that SAP was … Continue reading →

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Federal Circuit Sees Through Purchase of Tribal Sovereign Immunity, Finds that Tribes Cannot Assert Sovereign Immunity in Inter Partes Reviews

Posted on August 2, 2018 by Steven Callahan

In Saint Regis Mohawk Tribe v. Mylan (decision available here), the Federal Circuit rejected Allergen’s attempt to purchase sovereign immunity from an Indian tribe—i.e., Allergen paid millions of dollars to an Indian tribe to allow the tribe to own Allergen’s … Continue reading →

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Judge Scholer

Posted on August 2, 2018 by Steven Callahan

Judge Scholer was appointed to the Northern District of Texas by President Trump in 2018. The Senate confirmed her 95-0. Notably, she had previously been nominated by President Obama to serve as a US District Court Judge for the Eastern … Continue reading →

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Federal Circuit Deems “Bare Bones” Complaint Sufficient Under Iqbal and Twombly

Posted on August 2, 2018 by Steven Callahan

Ever since Twombly, Iqbal, and the abrogation of Form 18, patent-infringement plaintiffs have generally been filing detailed complaints showing how the defendant purportedly infringes the plaintiff’s patents. Not the plaintiff in Disc Disease Solutions v. VGH Solutions. In that case … Continue reading →

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Be Careful Of What You Wish For, You Just Might Get It

Posted on August 2, 2018 by Steven Callahan

Wouldn’t it be great in a products liability case if you could link your defendant to Saddam Hussein, or introduce evidence that the defendant maintains a racially hostile workplace? Not so much, says the Fifth Circuit. On April 25, 2018, … Continue reading →

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Finjan v. Blue Coat Systems – Some Clues For Properly Claiming Reasonable Royalty Damages In Patent Cases

Posted on August 2, 2018 by Steven Callahan

On January 10, 2018, the Federal Circuit issued its opinion in Finjan v. Blue Coat Systems (available here). A jury found Blue Coat liable for infringement of four Finjan patents, and awarded approximately $39.5 million in reasonable royalty damages. The … Continue reading →

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