Author Archives: Steven Callahan

Spear Marketing’s Lawsuit Removed to the Northern District of Texas

In its lawsuit filed in Texas state court (available here), Spear Marketing accuses ARGO Data Resource and BancorpSouth Bank of, among other things, “maliciously stealing SMI’s confidential know-how . . . and other trade secret information relating to VaultWorks, SMI’s … Continue reading

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Northern District of Texas Has Highest Win Rate for Patent Plaintiffs Per Study

The Chicago Lawyer has published an interesting article on patent infringement litigation. The article notes: The Northern District of Texas saw the highest win rate for plaintiffs, 55 percent, in Lemley’s study of patent cases between 2000 and 2010. Plaintiffs … Continue reading

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Northern District of Texas Updates Local Rules Dealing With Local Counsel Today

Today, revisions to the Local Rules went into effect. (Revisions available here).  Specifically, the revisions affect LR 83.10, dealing with the requirement to obtain local counsel.  The new amendment generally requires local counsel in all cases where an attorney appearing in … Continue reading

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Judge Lindsay Tosses False Claims Act Qui Tam Case Against L-3 Communications

On August 24, 2012, Judge Lindsay issued a decision (available here) in Phillips v. L-3 Communications. In the case, Phillips (a former employee of L-3) filed a qui tam false claims act lawsuit against L-3, accusing L-3 of violating the … Continue reading

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Federal Circuit Changes Inducement Law in En Banc Akamai Decision

On August 31, 2012, the Federal Circuit issued its much anticipated en banc decision in Akamai v. Limelight (decision available here). In a 6-5 decision, the Federal Circuit overruled its 2007 BMC decision, and charted a new course for inducement … Continue reading

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Federal Circuit’s LaserDynamics Decision Reigns in Patent Infringement Damages (Yet Again)

On August 30, 2012, the Federal Circuit issued its decision in LaserDynamics v. Quanta (available here). In LaserDynamics, the Federal Circuit reversed the district court on several grounds, and remanded for a third trial. There were three notable aspects to … Continue reading

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Fifth Circuit Issues Important Copyright Preemption Ruling

As first reported by David Coale, over at www.600camp.com, the Fifth Circuit recently issued an important decision involving copyright preemption in Globeranger Corp. v. Software AG (decision available here). In Globeranger, the plaintiff sued the defendants in Texas state court, … Continue reading

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Judge Means Denies Motions to Dismiss in American Airlines’ Antitrust Case Against Online Travel / Distribution Companies

On August 7, 2012, Judge Means of the Northern District of Texas denied Sabre, Travelport, and Orbitz’s (“defendants”) motions to dismiss American Airlines’ complaint. (Opinion available here (it was recently unsealed).) In the case, American Airlines claims that Sabre and Travelport … Continue reading

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BMI/Sony Sue Wild West Lubbock For Copyright Infringement

On August 23, 2012, BMI and Sony (as well as other related plaintiffs) filed a lawsuit (available here) in the Northern District of Texas alleging that Wild West Lubbock committed willful acts of copyright infringement due to its “unauthorized public … Continue reading

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Fossil Sues The Jones Group For Copyright Infringement Infringement

On August 22, 2012, Fossil filed a lawsuit (available here) against The Jones Group in the Northern District of Texas. Fossil claims that The Jones Group, which markets its products under the NINE WEST brand, “slavish[ly] copie[d]” Fossil’s jewelry line. … Continue reading

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