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Author Archives: Steven Callahan
Judge Godbey Stays Patent Case Pending IPR, Pre-IPR Institution
On January 23, 2020, Judge Godbey issued a decision in Uniloc 2017 LLC v. LG Electronics (available here). Nine months after Uniloc filed suit, LG filed a petition for inter partes review of the patent-in-suit. Although the PTAB had not … Continue reading
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Judge Kinkeade Denies Motion for Leave to Proceed Without Local Counsel
On February 6, 2020, Judge Kinkeade denied a motion for leave to proceed without local counsel (minute order available here). Judge Kinkeade required the defendant to designate local counsel within 14 days and further provided that both local counsel and … Continue reading
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Judge Pittman Dismisses Lawsuit Without Prejudice For Failure To Comply With Local Counsel Requirement
On March 11, 2020, Judge Pittman entered an order (available here) in McDermott v. Salem Media Group. The Court has previously required the plaintiff to comply with Local Rule 83.10 (requiring local counsel) within fourteen days from February 25, 2020. … Continue reading
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Federal Circuit Finds That Retroactive Application Of IPR Proceedings To Pre-America Invents Act Patents Does Not Constitute An Unconstitutional Taking Under The Fifth Amendment
On July 30, 2019, the Federal Circuit issued its decision in Celgene Corp. v. Peter (available here). The Federal Circuit held that the retroactive application of inter partes review proceedings to pre-America Invents Act patents did not constitute an unconstitutional … Continue reading
Posted in Federal Circuit Court of Appeals
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Supreme Court Rules That States Cannot Be Sued For Copyright Infringement
On March 23, 2020, the Supreme Court issued its decision in Allen v. Cooper (available here). At issue was Congress’ attempt to strip the States of their sovereign immunity for copyright infringement. In 1999, the Supreme Court struck down Congress’ … Continue reading
Posted in U.S. Supreme Court
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Amendment to Local Rules
Effective September 3, 2019, the Local Rules were amended (see Special Order No. 2-89, available here). The Court repealed L.R. 5.1 (specifying that the delivery of the notice of electronic filing constitutes service on each party who is a registered … Continue reading
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Some Reasons Why Trade Secret Theft Isn’t Cool
A bankruptcy, a $179 million arbitration award, and a prison sentence of up to 10 years = good reasons not to take your employer’s trade secrets on your way out the door. Here’s Anthony Levandowski plea agreement relating to Levandowski’s … Continue reading
Posted in Ethics, Non-N.D. Tex. Notable Decisions
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Always Local Counsel Up
If you file a Complaint in a court you’re not admitted in, you’re risking an Order to Show Cause why the Complaint shouldn’t be considered a nullity. Motto of story: retain local counsel to file the Complaint, then get yourself … Continue reading
Posted in Non-N.D. Tex. Notable Decisions, Practice Tips
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What Not To Do When The Court Dismisses Your Case With Prejudice
A lesson from W.D. Tex.’s Judge Albright: After the Court dismisses your claims with prejudice, the proper course of action is to file a notice of appeal, not a notice of dismissal without prejudice. Otherwise, expect to be ordered to … Continue reading
Posted in Attorney's Fees, Sanctions
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Fifth Circuit Concludes A Copyright Plaintiff’s Unreasonable Failure To Prevent Copyright Infringement Cannot Be A Complete Defense To Statutory Damages Under The Copyright Act
On January 15, 2020, the Fifth Circuit issued its decision in Energy Intelligence Group, Inc. v. Kayne Anderson Capital Advisors (available here). In the case, the defendant infringed the plaintiff’s copyrights by improperly forwarding certainly daily newsletters to others outside … Continue reading
Posted in Fifth Circuit Court of Appeals
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