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Author Archives: Steven Callahan
Senators Accepting Applications for Judicial Vacancies in Texas
There are six judicial vacancies in federal courts in Texas that Senators Cornyn and Cruz are accepting applications for: the Southern (Houston, Corpus Christi, Brownsville), Eastern (Sherman, Texarkana) and Western (San Antonio) Districts. There is also a judicial vacancy in … Continue reading
Posted in N.D. Tex. News
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Federal Circuit Issues En Banc Decision in CLS Bank v. Alice Corp. To Address Software Patentability Issues
On May 10, 2013, the Federal Circuit (in a 135 page opinion, available here) issued its decision en banc in CLS Bank v. Alice Corp. The opinion (as well as Chief Judge Rader’s “Additional Reflections” and Judge Moore’s dissent-in-part) is … Continue reading
Posted in Federal Circuit Court of Appeals
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Importance of Local Counsel in Northern District of Texas
On July 18, 2013, Judge Kinkeade issued an Order (available here) in Long Range Systems v. HME Wireless. The Order reads in relevant part: Before the court is Defendant HME Wireless, Inc.’s Opposed Expedited Motion to Strike Declaration of Michael … Continue reading
Posted in Judge Kinkeade, Northern District Practice Tips
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Federal Circuit’s Model Order Limiting Excess Patent Claims and Prior Art
The Federal Circuit’s Advisory Council has issued a Model Order Limiting Excess Patent Claims and Prior Art (available here). The key features of the Model Order are the following: Pre-Markman Patent Holder Limitation: 10 Claims Per Patent / 32 Claims … Continue reading
Posted in Developing Law, Federal Circuit Court of Appeals, Practice Tips
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Posner On Patent Trolls
On July 21, 2013, Judge Posner (of the Seventh Circuit) wrote an article entitled “Patent Trolls.” Judge Posner proposes to solve the so-called patent troll problem by creating “a rule that barred enforcement of a patent that was not reduced … Continue reading
Posted in Developing Law
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Judge Lindsay Denies Preliminary Injunction In Alliance Wireless Case
On July 16, 2013, Judge Lindsay found that a preliminary injunction was not warranted in Alliance Wireless v. 3rd Eye Surveillance (decision available here). Alliance Wireless had filed suit against 3rd Eye Surveillance asserting federal and state claims for trademark and … Continue reading
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Judge O’Connor Tosses Purported Class Action Against Southwest Airlines
On July 10, 2013, Judge O’Connor issued an order in Lopez v. Southwest and Cusick v. Southwest (order available here) granting Southwest’s motion to dismiss. Plaintiffs had asserted breach-of-express-warranty claims relating to various “airworthiness directive” safety measures mandated by the federal … Continue reading
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Judge Lynn Denies Motion For Class Certification in Simms v. Jones Case
On July 9, 2013, Judge Lynn issued a memorandum opinion and order (available here) in the Simms v. Jones case. Judge Lynn found that plaintiffs’ motion for class certification should be denied in its entirety. Plaintiffs were ticketholders for Super … Continue reading
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Victaulic Sues Romar In Northern District of Texas for Patent Infringement
On July 17, 2013, Victaulic filed a patent infringement lawsuit (complaint available here) in the Northern District of Texas. Victaulic asserts that Romar Supply, Inc. infringes U.S. Patent Nos. 7,086,131 and 7,712,796 through the sale of Romar’s SlideLok pipe coupling.
Posted in New Lawsuits Filed
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LT Tech Hits Sysaid, Palace Entertainment, and Dunkin Brands With Patent Infringement Lawsuit
On July 16, 2013, LT Tech filed a patent infringement lawsuit in the Northern District of Texas (complaint available here) against Sysaid Technologies, Ltd., Palace Entertainment, Inc., and Dunkin Brands Group, Inc. LT Tech claims that defendants infringe U.S. Patent … Continue reading
Posted in New Lawsuits Filed
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