Author Archives: Steven Callahan

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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Judge Kinkeade Cuts Jury Award in Oculus Case By $250 Million

Posted on July 28, 2018 by Steven Callahan

On June 27, 2018, Judge Kinkeade entered an Order (available here). The Order granted Defendants’ motion for judgment as a matter of law on Plaintiffs’ false designation of origin claim. The jury had awarded $250 million on this claim against … Continue reading →

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Federal Circuit Tosses $140 Million Jury Award In View of Entire Market Value Rule

Posted on July 28, 2018 by Steven Callahan

On July 3, 2018, the Federal Circuit issued its opinion in Power Integrations v. Fairchild Semiconductor (available here). The jury had awarded approximately $140 million, finding that the entire market value rule applied in calculating damages. The Federal Circuit reversed, … Continue reading →

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Federal Circuit Slaps Down Yet Another Patent Damages Award in Exergen v. Briggs & Stratton

Posted on July 28, 2018 by Steven Callahan

On January 12, 2018, the Federal Circuit issued its decision in Exmark Manufacturing v. Briggs & Stratton Power Products (available here). In the case, the jury awarded over $24 million in compensatory damages, which the district court doubled as enhanced … Continue reading →

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US Supreme Court Says Patent Owners May Recover Foreign Damages In Certain Instances

Posted on June 22, 2018 by Steven Callahan

On June 22, 2018, the US Supreme Court issued its opinion in WesternGeco LLC v. ION Geophysical Corp. (available here). Under 35 U. S. C. § 271(f)(2), a company can be held liable for patent infringement if it ships components … Continue reading →

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New Patent Cases Filed In N.D. Tex.

Posted on June 20, 2018 by Steven Callahan

Over the last several weeks, there have been 10 new patent cases filed in the Northern District of Texas, including: Coding Technologies, LLC v. SAS Institute, Inc. (complaint available here); CUPP Cybersecurity LLC v. Symantec Corp. (complaint available here); CUPP Cybersecurity, … Continue reading →

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Federal Circuit Rules That, Under Patent Venue Statute, A Corporation Resides Only In The District Where Its Principal Place Of Business Is, Not In Every District Within The State

Posted on May 16, 2018 by Steven Callahan

On May 15, 2018, the Federal Circuit issued its decision in In re BigCommerce, Inc. (available here). In the case, BigCommerce sought a writ of mandamus, challenging the Eastern District of Texas’ orders denying a motion to dismiss and transfer … Continue reading →

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