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Author Archives: Steven Callahan
Wells Fargo Files Trademark Infringement Lawsuit in Northern District of Texas
On June 28, 2012, Wells Fargo hit Christopher Wages and 21st Century Mediation LLC with a trademark infringement lawsuit (available here). Wells Fargo claims defendants sent fraudulent mortgage loan letters that appeared to be from Wells Fargo. Wells Fargo seeks … Continue reading
Posted in Judge Godbey (Chief Judge), New Lawsuits Filed
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Patent Infringement Litigation: The End Of Multi-Defendant Cases?
In the old days, after finding infringers of your client’s patent you could file one lawsuit against all infringers in the Eastern District of Texas, knowing that it was highly unlikely that your defendants would be able to successfully obtain … Continue reading
Posted in Practice Tips
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Posted in N.D. Tex. News
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Innovation Files Patent Infringement Lawsuit Against Toysmith and McManemin Companies
On June 29, 2012, Innovation filed a patent infringement lawsuit (Complaint available here) against Toysmith and McManemin Companies in the Northern District of Texas. Innovation alleges that Toysmith and McManemin Companies infringe United States Patent No. 8,038,503, which claims a … Continue reading
Posted in Judge Lynn, New Lawsuits Filed
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Judge Robinson Finds Jet Blue Captain Not Guilty By Reason of Insanity
On July 3, 2012, Judge Robinson of the Northern District of Texas found Clayton Osbon, the Jet Blue pilot who, as we previously noted, interrupted a flight to Las Vegas with bizarre behavior, not guilty by reason of insanity. The United … Continue reading
Posted in Judge Robinson (Ret.), N.D. Tex. News
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Patent Infringement Litigation: Proving Reasonable Royalty Damages Gets Much Harder
“Upon finding for the [patent holder] the court shall award the [patent holder] damages adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the invention by the infringer[.]” 35 … Continue reading
Posted in Developing Law, Practice Tips
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SimCrest Hits LS Retail With Breach of Contract Suit in the Northern District of Texas
On June 26, 2012, SimCrest, Inc. filed a lawsuit against LS Retail ehf in the Northern District of Texas. (Complaint available here.) SimCrest claims that it and LS Retail joined into a partnership agreement whereby SimCrest would sell and market … Continue reading
Posted in Judge Solis (Ret.), New Lawsuits Filed
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Galderma Laboratories Files ANDA Suit in the Northern District of Texas
On June 26, 2012, Galderma Laboratories filed a lawsuit (available here) in the Northern District of Texas against Actavis Mid Atlantic LLC. Galderma claims that Actavis submitted an ANDA (abbreviated new drug application) seeking approval to engage in the commercial … Continue reading
Posted in Judge Kinkeade, New Lawsuits Filed
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Patent Infringement Litigation: Obtaining an Injunction Gets Much Harder
In the old days, if you proved that a defendant infringed your patent, you were nearly always entitled to an injunction prohibiting the defendant from continuing to infringe. According to the Federal Circuit, “[b]ecause the ‘right to exclude recognized in … Continue reading
Posted in Developing Law, Practice Tips
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Patent Infringement Litigation: Obviousness Gets Much Easier to Prove
An inventor cannot obtain a patent “if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was … Continue reading
Posted in Developing Law, Practice Tips
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