Author Archives: Steven Callahan

Fifth Circuit Reminds Litigants: Where A Witness Is Available, The Witness Must Testify At Trial Live (Not By Deposition)

Posted on July 21, 2019 by Steven Callahan

On January 11, 2019, the Fifth Circuit issued a decision (available here) in Swearingen v. Gillar Home Heath Care. The Fifth Circuit found that the district court abused its discretion when it permitted a key witness to testify by deposition—rather … Continue reading →

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Texas Supreme Court: Feel Free to Deny Those Case-Dispositive Requests for Admission Without Fear of Sanctions

Posted on July 1, 2019 by Steven Callahan

As a young attorney, I loved requests for admission. Right out of the gate, I’d serve a bunch of them asking my opponent to admit that they had no case and hope that the opponent’s counsel would forget to timely … Continue reading →

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Texas Supreme Court Holds that Conspiracy Cause of Action Has Same Statute of Limitations As Underlying Tort, Not Invariably a Two-Year Statute of Limitations

Posted on July 1, 2019 by Steven Callahan

Until April 5, 2019, every Texas court of appeals considering what statute of limitations applied to a conspiracy claim got it wrong. So holds the Texas Supreme Court in Agar Corp. v. Electro Circuits International (available here). In Agar, the … Continue reading →

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Texas Supreme Court Issues Important Guidance for Proving Up Claim for Attorney’s Fees—TLDR: Keep Detailed Time Records

Posted on July 1, 2019 by Steven Callahan

On April 26, 2019, the Texas Supreme Court issued its opinion in Rohrmoos Venture v. UTSW DVA Healthcare (available here). The case has importance guidance concerning attorney’s fees under Texas law. Notable points include: When seeking attorney’s fees, a claimant … Continue reading →

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Supreme Court Holds That IPRs Are Not Available To The Government

Posted on June 16, 2019 by Steven Callahan

On June 10, 2019, the Supreme Court issued its 6-3 decision in Return Mail, Inc. v. United States Postal Service (decision available here). The American Invents Act of 2011 created the Patent Trial and Appeal Board, and allowed three new … Continue reading →

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Federal Circuit Finds That States’ Patents Are Subject To IPRs, Rejecting Sovereign Immunity Defense

Posted on June 16, 2019 by Steven Callahan

On June 14, 2019, the Federal Circuit issued its decision in Regents of the University of Minnesota v. LSI Corp. (available here). The Federal Circuit found that “state sovereign immunity does not apply to” inter partes review proceedings, as the … Continue reading →

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Another Decision Holding That Section 285 Attorney’s Fees Are Not Available From A Party’s Counsel (And Also Finding That Folks Don’t Go To Jail For Failing To Pay Debts)

Posted on June 16, 2019 by Steven Callahan

The Eastern District of Texas’ Magistrate Judge Payne, on June 5, 2019, issued a decision in My Health, Inc. v. ALR Technologies, Inc. (available here), finding that 35 U.S.C. § 285 does not allow an award of attorney’s fees against … Continue reading →

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Federal Circuit to RPX: “In IPR, You Only Get One Shot”

Posted on June 16, 2019 by Steven Callahan

As Eminem once said, “You only get one shot, do not miss your chance to blow / This opportunity comes once in a lifetime.” On January 17, 2018, the Federal Circuit similarly told RPX in RPX Corp. v. Chanbond (available … Continue reading →

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Judge Posner Gets It Wrong On Patents: A Patent Doesn’t Give Anyone The Right To Practice The Invention

Posted on June 1, 2019 by Steven Callahan

I had lunch the other day with an attorney who said that, when he was in law school, ol’ Learned Hand was the judge whose cases you were most often likely to read. I remember only one of Hand’s cases, … Continue reading →

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Section 285 Of Patent Act Cannot Be Used To Obtain Attorney’s Fees From Opposing Counsel

Posted on June 1, 2019 by Steven Callahan

So holds the district court (C.D. Cal.) in Cap Export v. Zinus (available here). As I previously noted, courts have used Section 285 of the Patent Act—which provides that “[t]he court in exceptional cases may award reasonable attorney fees to … Continue reading →

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