Author Archives: Steven Callahan

Patent Pilot Project Goes Into Effect On September 1, 2011; Judges Lynn, Godbey, And Kinkeade To Hear All Patent Cases

Chief Judge Fitzwater recently entered Special Order No. 3-287 (available here).  The Order states that, when a patent case is filed in or transferred to the Northern District of Texas on or after September 1, 2011, the case will be … Continue reading

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Public Notice Regarding The Reappointment Of Magistrate Judge Roach

Magistrate Judge Roach’s current term expires on March 31, 2012.  The Northern District of Texas has issued a public notice (available here) regarding Judge Roach’s reappointment.  Written comments from members of the bar or the public regarding reappointment should be … Continue reading

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Magistrate Judge Kaplan Issues Important Discovery Opinion in Patent Case

On July 22, 2011, Magistrate Judge Kaplan issued an Order resolving a discovery dispute in Red River v. Verizon Services Corp. et al. (Order available here).  The patent infringement case was recently transferred from the Eastern District of Texas, and … Continue reading

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Chief Judge Fitzwater Strikes Mark Cuban’s Unclean Hands Defense in SEC Enforcement Action

On July 18, 2011, in a thorough opinion (available here), Chief Judge Fitzwater agreed with the SEC that Mark Cuban’s unclean hands defense should be struck.  The SEC had instituted an enforcement action against Cuban, alleging that Cuban violated the … Continue reading

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Galderma Laboratories Sues Tolmar for Patent Infringement In the Northern District of Texas

On July 18, 2011, Galderma Laboratories filed a patent infringement lawsuit against Tolmar in the Northern District of Texas.  According to the Complaint (available here), Tolmar manufactures a generic 1% metronidazole topical gel for use in the treatment of rosacea, … Continue reading

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Fifth Circuit Vacates Judge McBryde’s Triple Tee Golf Sanctions Order

Last February, we blogged about Judge McBryde’s 114-page Triple Tee Golf opinion sanctioning several attorneys (and their client) for allegedly violating Rule 11.  We just noticed that the Fifth Circuit Court of Appeals, in an unpublished opinion from April 2011 … Continue reading

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Northern District of Texas Judges To Hold CLE Discussing the Implementation of the Patent Pilot Program

The IP Law Section of the Dallas Bar Association has announced that, on July 26, 2011, Judges Lynn, Godbey, and Kinkeade will hold a lunch-time CLE at the Belo to discuss the Northern District of Texas’ Patent Pilot Program and … Continue reading

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President Obama Nominates Sarah Saldana to Become the Next United States Attorney for the Northern District of Texas

It was announced yesterday that President Obama has nominated Sara Saldana to become the next United States Attorney for the Northern District of Texas.  Ms. Saldana presently heads the public corruption unit of the United States Attorney’s Office of the … Continue reading

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Judge O’Connor Issues Important Patent Opinion in Lighting Ballast Control

On June 10, 2011, Judge O’Connor issued an opinion in Lighting Ballast Control v. Philips Electronics North America Corp. et al. (copy of opinion located here).  Judge O’Connor struck the plaintiff’s damages expert’s opinion that used the entire market value … Continue reading

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Judge Solis Upholds the Constitutionality of the False Marking Statute

On June 20, 2011, Judge Solis of the Northern District of Texas, in United States ex rel. Vandever v. Intermatic Manufacturing, upheld the constitutionality of the false marking statute, 35 U.S.C. § 292, which prohibits, among other things, the false … Continue reading

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