Author Archives: Steven Callahan

Federal Circuit Requires Stay Until Transfer Ruling

Posted on February 5, 2021 by Steven Callahan

On February 1, 2021, the Federal Circuit issued an order in In re: SK Hynix Inc. (available here). The order required a Western District of Texas district court judge to stay all proceedings until ruling on a pending transfer motion. … Continue reading →

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Federal Circuit Upholds Nintendo’s Alice Win

Posted on January 15, 2021 by Steven Callahan

On January 13, 2021, the Federal Circuit issued a decision in iLife Technologies, Inc. v. Nintendo of America, Inc. (available here). The decision affirmed Chief Judge Lynn’s decision that, under Alice, iLife’s patent claim at issue was directed to patent … Continue reading →

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Federal Circuit Axes Graphical Processing Patent Under Alice

Posted on December 31, 2020 by Steven Callahan

On December 29, 2020, the Federal Circuit issued its opinion in Simio v. Flexim Software (available here), deeming the patent-in-suit ineligible for patenting under the Supreme Court’s Alice decision. Under Alice Step 1, the Court held that the patent’s key … Continue reading →

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S.D. Cal. Finds Litigation Funding Agreement And Materials Are Work Product

Posted on November 28, 2020 by Steven Callahan

On October 20, 2020, the Southern District of California issued an order in Impact Engine, Inc. v. Google LLC (available here). In the order, Judge Bencivengo found that a litigation-funding agreement and related materials were protected from discovery under the … Continue reading →

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Attempting to Litigate Invalidated Patent Leads to “Exceptional” Case Attorney Fees

Posted on November 1, 2020 by Steven Callahan

On October 13, 2020, the District of Delaware issued a memorandum opinion in Rothschild Digital Confirmation LLC v. CompanyCam, Inc. (available here). The Court ordered the Rothschild entity to pay the patent-infringement defendant’s attorney’s fees after it found Rothschild’s loss … Continue reading →

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Are All RPX And Unified Patents Members Real Parties In Interest For IPRs?

Posted on October 15, 2020 by Steven Callahan

On October 2, 2020, the PTAB issued a key decision in RPX Corporation v. Applications in Internet Time, LLC (available here) finding that Salesforce was a real party in interest to an RPX inter partes review (and, as such, declining … Continue reading →

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D. Del. Rejects Attempt To Avoid Litigation-Funding Questions On Relevance Grounds

Posted on October 7, 2020 by Steven Callahan

On October 1, 2020, the District of Delaware’s Magistrate Judge Burke issued an oral order in Red Hat, Inc. v. Sequoia Technology, LLC (available here). Magistrate Judge Burke held that it is improper to instruct a witness not to answer … Continue reading →

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E.D. Pa. Finds Litigation Funding Materials Discoverable and Not Privileged

Posted on September 25, 2020 by Steven Callahan

On September 16, 2020, the Eastern District of Pennsylvania issued a decision in Midwest Athletics & Sports Alliance LLC v. Ricoh USA, Inc. (available here). The decision finds litigation-funding materials discoverable, and rejected a common-interest privilege argument. It further finds … Continue reading →

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Texas District Courts Must Impose COVID Safety Protocols At In-Person Depositions

Posted on September 16, 2020 by Steven Callahan

On September 15, 2020, a Texas appellate court issued its opinion in In re Landstar Ranger, Inc. (available here). The Sixth Appellate District mandamused the district court and held that, if a district court will require an in-person deposition, it … Continue reading →

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Attorney Fee Rates Up to $1,210/Hour Found Reasonable in Patent Case Litigated in Northern District of Texas

Posted on August 30, 2020 by Steven Callahan

On June 12, 2020, Magistrate Judge Rutherford issued an opinion in the Industrial Print Technologies cases (available here) addressing a request for attorney’s fees. The District Court had previously determined that Defendants Cenveo and O’Neil Data Systems were entitled to … Continue reading →

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