Author Archives: Steven Callahan

What Business Does the Seventh Circuit Have Opining On Patent Law?

Posted on June 1, 2019 by Steven Callahan

The other day, I came across the Seventh Circuit’s decision in ABS Global v. Genus PLC (available here) and nearly fell out of my chair. While I knew a non-Federal Circuit appellate court could have jurisdiction over a case involving … Continue reading →

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Another Spectacular Redaction Fail

Posted on June 1, 2019 by Steven Callahan

As reported previously (see, e.g., here, here, here, and here), Paul Manafort’s lawyers did a bad job redacting a pleading in his criminal case. The pleading is available here. Starting on page 5 are numerous redactions. If you highlight the … Continue reading →

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Judge Godbey Awards Ford $2.1 Million In Attorney’s Fees Under Section 285 Of The Patent Act

Posted on May 6, 2019 by Steven Callahan

On April 9, 2019, Judge Godbey tacked on $2.1 million in attorney’s fees to a $493,000 damages award in a case brought by Ford for design patent infringement (decision available here). (The Court had previously granted summary judgment of infringement … Continue reading →

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Federal Circuit Upholds District Court Attorney-Fee Award Premised On Unjustified Infringement Position, Where Patent Was Invalidated

Posted on May 6, 2019 by Steven Callahan

On May 1, 2019, the Federal Circuit issued its opinion (available here) in Thermolife v. GNC Corp. In an unusual fact pattern, the district court invalidated the plaintiffs’ patent and then imposed a Section 285 attorney-fee award (for $1.3 million) … Continue reading →

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CCRG Obtains Transfer of Patent Case From Delaware to Dallas

Posted on May 6, 2019 by Steven Callahan

Congrats to my partners Brett Charhon, Martin Robson, and Anthony Garza for obtaining a transfer of venue from Delaware to Dallas in a patent-infringement case we’re litigating on behalf of RMG Networks. Transfers out of Delaware are rare occurrences, especially … Continue reading →

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Owners of Patent Assertion Entities Beware—You May Be Personally Liable For The Defendant’s Attorney’s Fees

Posted on April 14, 2019 by Steven Callahan

Section 285 of the Patent Act states that “[t]he court in exceptional cases may award reasonable attorney fees to the prevailing party.” 35 U.S.C. § 285. The statute does not say who pays the fees, but the assumption (mine, at … Continue reading →

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Judge Godbey Awards AT&T $258,000 in Attorney’s Fees Under Section 285 of the Patent Act, Finding Hourly Rates from $315-$795/Hour Reasonable

Posted on April 14, 2019 by Steven Callahan

On March 22, 2019, Judge Godbey issued an opinion (available here) in Advanced Media Networks v. AT&T Mobility. Judge Godbey previously found that AT&T could recover attorney’s fees incurred after the Court issued its claim-construction opinion. Judge Godbey found that … Continue reading →

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Chief Judge Lynn Issues Decision Offering Guidance On Amendment Of Patent Infringement Contentions

Posted on April 14, 2019 by Steven Callahan

On September 21, 2018, Chief Judge Lynn issued a decision (available here) in Commscope Technologies v. Dali Wireless that provides important guidance on amendment of patent infringement contentions. The decision ruled on Defendants’ motion to strike Plaintiff’s second and third … Continue reading →

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CCRG Partner Anthony Garza Prevails In Two Cases At Federal Circuit Within Three Weeks

Posted on April 10, 2019 by Steven Callahan

Congratulations are in order to CCRG partner Anthony Garza, who prevailed at the Federal Circuit in two cases within three weeks of each other. In the first case, Anthony obtained reversal of an adverse district-court summary judgment decision (and an … Continue reading →

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Supreme Court Requires Copyrights to be Registered With Copyright Office Before Filing Lawsuit

Posted on April 10, 2019 by Steven Callahan

On March 4, 2019, the United States Supreme Court issued its unanimous decision (available here) in Fourth Estate v. Wall-Street.com. The Court held that 17 U.S.C. § 411(a), which states that “no civil action for infringement of the copyright in … Continue reading →

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