Author Archives: Steven Callahan

Supreme Court’s Life Technologies v. Promega Decision

On February 22, 2017, the Supreme Court issued its Life Technologies v. Promega decision (available here). The Patent Act (Section 271(f)(1)) prohibits the supply from the United States of “all or a substantial portion” of the components of a patented … Continue reading

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Northern District of Texas, Dallas Division, Seeking New Magistrate Judge

The Northern District of Texas has announced a new magistrate judge opening for its Dallas Division. Details concerning the position, and application process, can be found here. The application deadline is May 5, 2017.

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The Brick House and Court Reporting in the Northern District of Texas

The New York Times has published a follow-up article (available here) concerning Judge Kinkeade’s recent Facebook trial. Bottom line: when it comes to technology and courtroom reporting, it’s best to check your individual judge’s rules and procedures as to what is … Continue reading

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Jurors Award $500 Million In Damages in Zenimax v. Oculus Case

Today, jurors in the Northern District of Texas rendered their verdict in Zenimax Media Inc. v. Oculus et al. (verdict available here). The case has been in the news recently, mainly because Facebook’s founder, Mark Zuckerberg, took the witness stand for the … Continue reading

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Chief Judge Lynn Orders Patent Plaintiff to Pay $440,000 in Defendants’ Attorney Fees

On December 13, 2016, Chief Judge Lynn entered an Order (available here) in Rainere v. Microsoft & AT&T. The Court had previously decided the case in defendants’ favor, and found that the case was exceptional, justifying an award of attorney’s … Continue reading

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Amarillo Magistrate Judge Vacancy

The Northern District of Texas has announced that it intends to seek applications for a June 2017 magistrate judge vacancy in Amarillo, as soon as approval is granted to refill the position. Additional details, as well as a copy of … Continue reading

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Goodbye, Federal Rules’ Extra 3 Days Due To E-Mail/Electronic Service

On December 1, 2016, the Federal Rules of Civil Procedure were amended (amendments available here). Of most importance to civil federal-court practitioners is that the amendments eliminated the extra 3 days previously added onto a deadline for responding to discovery … Continue reading

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Supreme Court Unanimously Reverses Federal Circuit’s $399 Million Decision in Samsung v. Apple

On December 6, 2016, the Supreme Court issued its (unanimous) opinion in Samsung v. Apple (decision available here). The opinion involved the proper amount of damages for infringement of a design patent. Under 35 U.S.C. § 289, a person who … Continue reading

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Lesson From The Fifth Circuit – Don’t Wait To Spring Your Best Evidence On Your Opponent At A Deposition

On December 12, 2016, the Fifth Circuit Court of Appeals upheld a district-court decision sanctioning two attorneys ($1,000 each) for “certifying that their clients’ initial disclosures under Federal Rule of Civil Procedure 26(a)(1) were complete and correct even though the … Continue reading

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File Unjustified Motion for Protective Order Based on Motion to Dismiss, Pay Other Party’s Attorney’s Fees

On September 27, 2016, Judge Godbey issued an Order (available here) in Nu-You Technologies v. Eltoweissy. The plaintiff filed a motion for attorney’s fees, seeking about $4,500 to compensate it for the fees incurred in responding to defendants’ motion for … Continue reading

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