Author Archives: Steven Callahan

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

Posted on April 9, 2020 by Steven Callahan

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 →

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Supreme Court Rules That States Cannot Be Sued For Copyright Infringement

Posted on April 5, 2020 by Steven Callahan

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 →

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Amendment to Local Rules

Posted on April 2, 2020 by Steven Callahan

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 The Court repealed L.R. 5.1 (specifying that the delivery of the notice of electronic filing constitutes service on each party who is a registered … Continue reading →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

Posted on March 21, 2020 by Steven Callahan

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 →

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Always Local Counsel Up

Posted on February 29, 2020 by Steven Callahan

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 →

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What Not To Do When The Court Dismisses Your Case With Prejudice

Posted on February 27, 2020 by Steven Callahan

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 →

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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

Posted on February 2, 2020 by Steven Callahan

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 →

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Judge Pittman

Posted on January 30, 2020 by Steven Callahan

President Trump appointed Judge Pittman as a United States District Judge for the Northern District of Texas in 2019. Judge Pittman obtained his B.A., magna cum laude, from Texas A&M University in 1996, and his J.D. from the University of … Continue reading →

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Supreme Court Rejects Patent Office’s Request For Attorney’s Fees In Section 145 Cases

Posted on January 15, 2020 by Steven Callahan

On December 11, 2019, the United States Supreme Court issued its unanimous decision in Peter v. NantKwest, Inc. (available here). The statute-at-issue was 35 U.S.C. § 145, which allows an applicant who is dissatisfied with the decision of the Patent … Continue reading →

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Magistrate Judge Parker

Posted on December 27, 2019 by Steven Callahan

Magistrate Judge John Parker began his service as a Magistrate Judge for the Northern District of Texas in 2019. Judge Parker holds a B.A. and M.B.A. from the University of Dallas, and a J.D. from Texas Tech University School of … Continue reading →

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