Author Archives: Steven Callahan

Johnson Investiture, Wichita Falls Docket Update

Posted on October 18, 2016 by Steven Callahan

Johnson Investiture. The Honorable Kimberly C. Priest Johnson was sworn in today as a magistrate judge in the Eastern District of Texas. The ceremony was well attended by area judges and luminaries, including Chief Judge Ron Clark (E.D. Tex.) and Chief … Continue reading →

Posted in Dallas Legal Community, Judge Lynn | Comments Off on Johnson Investiture, Wichita Falls Docket Update

Chief Judge Lynn Awards Attorney’s Fees to Microsoft and AT&T in Case Where Plaintiff Did Not Own Asserted Patents

Posted on September 28, 2016 by Steven Callahan

On September 2, 2016, Chief Judge Lynn issued a decision in Raniere v. Microsoft (available here) finding that AT&T and Microsoft were entitled to recover their attorney’s fees from the plaintiff under 35 U.S.C. § 285. Section 285 provides that, … Continue reading →

Posted in Attorney's Fees, Judge Lynn | Comments Off on Chief Judge Lynn Awards Attorney’s Fees to Microsoft and AT&T in Case Where Plaintiff Did Not Own Asserted Patents

Dallas Court of Appeals Rules That Texas Does Not Recognize Patent Agent Privilege

Posted on September 28, 2016 by Steven Callahan

On August 17, 2016, the Dallas Court of Appeals, in In re Silver, 05-16-00774-CV, 2016 WL 4386004 (Tex. App.—Dallas Aug. 17, 2016, no. pet. h.), found that the State of Texas does not recognize a patent-agent privilege, because “[n]o Texas … Continue reading →

Posted in Developing Law, Federal Circuit Court of Appeals, Non-N.D. Tex. Notable Decisions | Comments Off on Dallas Court of Appeals Rules That Texas Does Not Recognize Patent Agent Privilege

Judge Godbey Issues Order of Civil Contempt and Coercive Incarceration For Failure to Answer Discovery

Posted on August 27, 2016 by Steven Callahan

Here’s a good reason to answer discovery—if you don’t, the judge can throw you in jail until you do. In Denton v. Suter, Judge Godbey issued an Order of Civil Contempt and Coercive Incarceration (available here). In the case, plaintiffs … Continue reading →

Posted in Attorney's Fees, Judge Godbey (Chief Judge), Magistrate Judge Horan | Comments Off on Judge Godbey Issues Order of Civil Contempt and Coercive Incarceration For Failure to Answer Discovery

Supreme Court Clarifies When An Award Of Attorney’s Fees Is Proper Under The Copyright Act

Posted on August 27, 2016 by Steven Callahan

On June 16, 2016, the Supreme Court issued its unanimous opinion in Kirtsaeng v. John Wiley & Sons, Inc. (available here). Section 505 of the Copyright Act states that a district court “may . . . award a reasonable attorney’s … Continue reading →

Posted in Attorney's Fees, Developing Law | Comments Off on Supreme Court Clarifies When An Award Of Attorney’s Fees Is Proper Under The Copyright Act

Fifth Circuit Upholds Judge Lynn’s Decision Finding That Second Amendment Does Not Protect Machineguns

Posted on August 27, 2016 by Steven Callahan

On June 30, 2016, the Fifth Circuit issued its decision in Hollis v. Lynch (available here). The Fifth Circuit upheld Judge Lynn’s decision holding that machineguns are not protected by the Second Amendment. Notably, the Court found that “[t]he Second … Continue reading →

Posted in Fifth Circuit Court of Appeals, Judge Lynn | Comments Off on Fifth Circuit Upholds Judge Lynn’s Decision Finding That Second Amendment Does Not Protect Machineguns

Recent N.D. Tex. Patent Infringement Lawsuits

Posted on August 27, 2016 by Steven Callahan

There have been many new patent infringement cases filed over the last several months in the Northern District of Texas, including: RFJ Licensing, LLC v. Tait Radio, Inc. (complaint available here) Datamotion Texas, LLC v. Zix Corp. (complaint available here) Nautilus … Continue reading →

Posted in New Lawsuits Filed | Comments Off on Recent N.D. Tex. Patent Infringement Lawsuits

Northern District of Texas Selects New Magistrate Judge

Posted on July 26, 2016 by Steven Callahan

On July 19, 2016, the Northern District of Texas announced that D. Gordon Bryant, Jr. has been selected as the Northern District’s newest magistrate judge (news release available here). Mr. Bryant has a B.B.A., with honors, from Baylor University and … Continue reading →

Posted in Magistrate Judge Bryant, N.D. Tex. News | Comments Off on Northern District of Texas Selects New Magistrate Judge

Supreme Court Upholds “Broadest Reasonable Construction” Standard in Inter Partes Reviews

Posted on July 26, 2016 by Steven Callahan

On June 20, 2016, the Supreme Court issued its decision in Cuozzo Speed Technologies, LLC v. Lee (available here). The decision had two notable holdings. First, the Supreme Court held that the Patent Office could properly implement its regulation that, … Continue reading →

Posted in Developing Law, Non-N.D. Tex. Notable Decisions | Comments Off on Supreme Court Upholds “Broadest Reasonable Construction” Standard in Inter Partes Reviews

Federal Defend Trade Secrets Act Now In Effect

Posted on July 26, 2016 by Steven Callahan

Effective May 11, 2016, the United States enacted the Defend Trade Secrets Act, which provided, for the first time, a federal cause of action for trade secret misappropriation. Notable provisions of the Act include those: Providing for a private civil … Continue reading →

Posted in Developing Law | Comments Off on Federal Defend Trade Secrets Act Now In Effect