Author Archives: Steven Callahan

Rutherford Federal Rules Amendments CLE (Part 3)

Posted on July 21, 2015 by Steven Callahan

This post concludes our discussion of Rebecca Rutherford’s CLE on the amended federal rules, presented on June 2, 2015. Our first post, covering the changes to Rule 26, can be found here. Our second post, addressing the changes to Rule … Continue reading →

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Judge Lynn Limits Defendant to 30 Prior Art References

Posted on July 17, 2015 by Steven Callahan

In Mobile Telecommunications Technologies v. Blackberry, Judge Lynn entered an Order (available here) limiting the defendant to 30 prior art references in its opening expert report. The Order was without prejudice to defendant seeking leave to assert more than 30 references … Continue reading →

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Judge Kinkeade Invalidates Patent On Motion to Dismiss Under Alice

Posted on July 17, 2015 by Steven Callahan

On May 7, 2015, Judge Kinkeade entered an Order (available here) in Jericho Systems v. Axiomatics finding that the plaintiff’s complaint should be dismissed at the pleadings stage because the patent in suit did not claim patent eligible subject matter under … Continue reading →

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Judge Godbey Denies Motion to Stay Patent Case Pending Inter Partes Review

Posted on July 17, 2015 by Steven Callahan

On June 17, 2015, Judge Godbey issued an Order (available here) in Lakesouth v. Ace Evert. The Order denied the defendants’ motion to stay pending inter partes review. Judge Godbey found the fact that the patent in suit already went through … Continue reading →

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Judge Means Rules That Allcare Owes Highmark Over $5 Million For Losing Patent Infringement Case

Posted on July 17, 2015 by Steven Callahan

On June 23, 2015, following a trip up to the Supreme Court, Judge Means ordered patent holder Allcare to pay accused infringer Highmark over $5 million (decision available here). Judge Means concluded that the case was “exceptional” under 35 U.S.C. § … Continue reading →

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Magistrate Judge Horan’s Heller v. City of Dallas Opinion: Laying Down the Law With Respect to Discovery Responses

Posted on June 17, 2015 by Steven Callahan

Late last year, Magistrate Judge Horan issued a 62 page opinion (available here) in Heller v. City of Dallas, 303 F.R.D. 466 (N.D. Tex. 2014). The opinion is notable in many respects, as it provides important guidelines that should be followed … Continue reading →

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Rutherford Federal Rules Amendments CLE (Part 2)

Posted on June 17, 2015 by Steven Callahan

This post continues our discussion of Rebecca Rutherford’s excellent CLE on the amended federal rules, presented on June 2, 2015. Our first post, covering the changes to Rule 26, can be found here. This post addresses the second portion of … Continue reading →

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If You Hire “Cadillac” Counsel, Don’t Expect The Court To Require Your Opponent To Fully Reimburse You

Posted on June 17, 2015 by Steven Callahan

That’s the lesson coming out of the Beastie Boys v. Monster Energy decision (available here) from the Southern District of New York. The general “American Rule” is that a successful litigant is not entitled to recover its attorney’s fees from its … Continue reading →

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Rutherford Federal Rules Amendments CLE (Part 1)

Posted on June 3, 2015 by Steven Callahan

Last Tuesday, Rebecca Rutherford gave a CLE on the upcoming amendments to the Federal Rules (which, absent congressional action, will take effect in December 2015). Ms. Rutherford is a former law clerk of former Magistrate Judge Kaplan, a current law … Continue reading →

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Judiciary Appreciation Luncheon (June 19, 2015)

Posted on June 3, 2015 by Steven Callahan

The Northern District of Texas has sent the following announcement regarding a free CLE event on Friday, June 19, 2015: All attorneys and support staff are cordially invited to attend the annual Judiciary Appreciation Luncheon, which is sponsored by the … Continue reading →

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