Author Archives: Steven Callahan

Mere Employees of Adverse Parties Must Be Subpoenaed To Sit For Deposition

Posted on December 3, 2015 by Steven Callahan

Magistrate Judge Horan’s decision in Jackson v. Stevens Transp., Inc., 3:14-CV-1416-M, 2015 WL 221087 (N.D. Tex. Jan. 15, 2015), notes the rule that, in general, employees of one’s opponent must be subpoenaed to sit for deposition, absent the opponent’s agreement … Continue reading →

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Generally, No Sur-Replies Are Permitted In The Northern District Of Texas

Posted on December 3, 2015 by Steven Callahan

As Judge Means recently noted in Highmark v. Allcare (decision available here), sur-replies are generally not permitted in the Northern District of Texas: Under the local rules, the movant is generally entitled to have the final word. See N.D. Tex. … Continue reading →

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The Supreme Court’s Kimble Opinion

Posted on December 3, 2015 by Steven Callahan

I try to briefly summarize all Supreme Court opinions dealing with intellectual property law. I did not get around to summarizing last June’s Kimble opinion (available here) in a timely manner, but nevertheless now here it goes. In Kimble v. … Continue reading →

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Judge Lynn Grants Motion For Leave To Amend Infringement Contentions

Posted on November 23, 2015 by Steven Callahan

Judge Lynn issued an Order (available here) in RXPress Pharmacy v. Afgin Pharma allowing the amendment of infringement contentions. The Court set forth the applicable standard as follows: Infringement contentions may be amended upon a showing of good cause. Am. … Continue reading →

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Judge McBryde Finds That An Amended Complaint Filed While Motion to Dismiss Is Pending Moots Motion to Dismiss

Posted on November 23, 2015 by Steven Callahan

Judge McBryde made clear, in an November 10, 2015 Order (available here), that when a motion to dismiss is pending and the plaintiff amends its complaint, the motion to dismiss becomes moot: “So that there will be no confusion, i.e., … Continue reading →

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Judge Lynn Denies Defendants’ Motion for Leave to Join Acacia To Case As Defendant

Posted on November 23, 2015 by Steven Callahan

On October 10, 2015, Judge Lynn issued an Order (available here) in In re Industrial Print Technologies, LLC Patent Litigation denying defendants’ motion for leave to amend their pleadings to add Acacia Research Group as a counter-defendant. Defendants argued that … Continue reading →

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Judge Kinkeade Invalidates Two Global Tel*Link Patents Under Alice

Posted on November 23, 2015 by Steven Callahan

On November 2, 2015, Judge Kinkeade issued an Order (available here) invalidating two of Global Tel*Link’s patents under the Supreme Court’s recent Alice decision on a motion for judgment on the pleadings filed by Securus. Judge Kinkeade found that both … Continue reading →

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Judge Lynn Transfers Case To District of Minnesota

Posted on November 23, 2015 by Steven Callahan

On November 3, 2015, Judge Lynn entered an Order (available here) in Raz Imports v. Luminara Worldwide transferring the case to the District of Minnesota. The plaintiffs had filed a declaratory judgment lawsuit against the defendant one day after receiving the … Continue reading →

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Federal Circuit Says Laches Defense Still Applicable To Patent Cases

Posted on September 21, 2015 by Steven Callahan

On Friday, a fractured Federal Circuit issued its decision in SCA Hygiene v. First Quality Baby Products (available here). The Federal Circuit sat en banc and held that, notwithstanding the Supreme Court’s Petrella decision (which I discussed here), laches is … Continue reading →

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Facebook Patent Case Transferred to Northern District of California

Posted on September 21, 2015 by Steven Callahan

Judge Kinkeade issued an Order (available here) transferring Word to Info’s (“WTI”) patent infringement lawsuit against Facebook to the Northern District of California. Notably, WTI is a Texas corporation with its principal place of business in Richardson, Texas, and the … Continue reading →

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