Author Archives: Steven Callahan

CCRG’s First Texas Business Court Case

Our first case in the newly created Texas Business Court didn’t last long. We filed a Special Appearance and Motion to Dismiss, and Plaintiffs bailed on the case. A couple of thoughts about the experience: 1. Judge Whitehill doesn’t mess … Continue reading

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Does Fed. R. Civ. P. 11 Require Attorneys To Interrogate Declarants On Whether They Used AI To Draft Their Declarations?

A Stanford professor has fessed up to drafting expert declaration with AI and including fake citations in it. “The Court suggests that an ‘inquiry reasonable under the circumstances,’ Fed. R. Civ. P. 11(b), may now require attorneys to ask their … Continue reading

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On Improper Redactions

Judge Chhabria, who suffers no fools, caught Meta/Facebook trying to do some improper redactions (“preposterous” redactions at that), issues warning (including to counsel) that Meta may be on the road to getting sanctioned like the last time around when he … Continue reading

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Patent Pilot Program To Expire In July 2021

The patent pilot program expires by operation of law on July 4, 2021, so Chief Judge Lynn issued an order (available here) vacating Special Order No. 3-287 (which set forth the prior procedure for assigning judges to patent cases under … Continue reading

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

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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Federal Circuit to W.D. Tex.: Court Congestion Not Enough To Justify Keeping Case On Transfer Motion

So holds the Federal Circuit in its July 28, 2020 decision in In re Adobe Inc. (available here) issuing a writ of mandamus directing the Western District of Texas to transfer a patent case brought against Adobe to the Northern … Continue reading

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Supreme Court Holds That Booking.Com May Be A Trademark

On June 30, 2020, the Supreme Court issued its decision in USPTO v. Booking.Com (available here). The Court rejected the PTO’s suggested rule that “[t]he combination of a generic word and ‘.com’ is generic.” Because consumers do not perceive the … Continue reading

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Post-Judgment Discovery Revealing Party As Judgment-Proof Shell Company Warrants Re-Opening Case And Joining New Parties (Including Party’s Owners and Law Firm)

On March 23, 2021, the Northern District of Texas entered a decision in SAP America, Inc. v. InvestPic, LLC (available here). In the case, the Court granted Plaintiff’s motion for judgment on the pleadings asserting that all of the claims … Continue reading

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Federal Circuit Requires Stay Until Transfer Ruling (Part 2)

On March 8, 2021, the Federal Circuit issued an order in In re: Tracfone Wireless, Inc. (available here). This order is another Federal Circuit decision directing W.D. Tex.’s Judge Albright to stay a case pending the resolution of a motion … Continue reading

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“Highly Sensitive” Documents May Be Filed Offline

In the wake of a large-data breach of the federal courts case management system, the Northern District of Texas Bankruptcy Court entered General Order 2021-02 (available here). The order provides for offline filing of “highly sensitive documents”— documents “containing classified … Continue reading

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