Author Archives: Steven Callahan

Judge Kinkeade Tosses Patent Infringement Case Due to Lack of Standing

Posted on April 28, 2015 by Steven Callahan

Judge Kinkeade issued an order in Optimal Golf v. Altex Corp. (available here) finding that the plaintiffs lacked standing when the case was filed. The Court was not happy, writing: This is now the second case involving the same patent … Continue reading →

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Judge Kinkeade Transfers Patent Case to Western District of Texas

Posted on April 28, 2015 by Steven Callahan

On March 9, 2015, Judge Kinkeade entered an Order (available here) in Smith’s Consumer Products v. Fortune Products transferring the case from the Northern District of Texas to the Western District of Texas. Plaintiff was a Delaware corporation with its … Continue reading →

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Judge Lynn Denies Motion for Stay Pending Covered Business Method Patent Review

Posted on April 28, 2015 by Steven Callahan

On April 24, 2015, Judge Lynn issued an opinion in Credit Card Fraud Control v. Maxmind (available here). Defendant sought to stay the case pending CBM review. Judge Lynn denied the motion to stay, in large part because the PTAB … Continue reading →

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Improperly Redacted Document Leads to Unsealing Order

Posted on April 28, 2015 by Steven Callahan

I previously wrote about how documents are often improperly redacted (from a technical perspective). In the decision available here, the Court held that, when documents have been filed in an unredacted form (because they were not properly redacted), they are no … Continue reading →

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Jury Issues Verdict in Melchior v. Hilite Case

Posted on March 28, 2015 by Steven Callahan

On February 27, 2014, the jury returned a verdict (available here) in Melchior v. Hilite, a case tried before Judge Lynn. The jury found that defendants infringed the patents in suit and the patents in suit were not anticipated or invalid due … Continue reading →

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Magistrate Judge Ramirez Issues Findings, Conclusions and Recommendation On Exceptional Case/Attorney’s Fees Motion

Posted on March 28, 2015 by Steven Callahan

In H-W Technology v. Overstock.com, defendant filed a motion for requesting exception case finding and an award of attorney’s fees. Judge Ramirez recommended the denial of this motion (decision available here). Judge Ramirez’s decision contains a good discussion of the … Continue reading →

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Motion to Dismiss and Motion for Preliminary Injunction Denied in Infinite v. Strukmeyer Case

Posted on March 28, 2015 by Steven Callahan

Judge Godbey resolved plaintiffs’ motion for a preliminary injunction and defendants’ motion to dismiss in Infinite v. Strukmeyer, denying both motions. The Order is available here. Judge Godbey found that the plaintiffs had met the federal pleading standards with their complaint, but … Continue reading →

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Default Judgment Entered in Dehn’s Innovations v. Cleanblastor

Posted on March 28, 2015 by Steven Callahan

On March 10, 2015, Judge Godbey entered a default judgment (available here) in Dehn’s Innovations v. Cleanblastor. The judgment awarded attorney’s fees and treble damages totaling $223,000.

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Judge McBryde Issues Indefiniteness Opinion In Invue v. Hangzhou

Posted on March 28, 2015 by Steven Callahan

In his Order Rejecting Defendants’ Remaining Indefiniteness Claims (available here), Judge McByrde rejected the accused infringer’s claim that certain claim terms were indefinite. In resolving the assertion, Judge McBryde applied the recently articulated indefiniteness standard in the Supreme Court’s Nautilus … Continue reading →

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Judge McBryde Precludes Expert Testimony In Invue v. Hangzhou

Posted on March 28, 2015 by Steven Callahan

Judge McBryde issued an Order (available here) in Invue v. Hangzhou. The Court concluded that, with respect to an expert whose report “provides virtually none of the information required by Rule 26(a)(2)(B)(i),” such expert would not be permitted to serve … Continue reading →

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