Author Archives: Steven Callahan

Supreme Court Rules that “Confidential” Sales of Invention to Third Parties Place Invention “On Sale” for Prior Art Purposes

On January 22, 2019, the U.S. Supreme Court issued its unanimous decision (available here) in Helsinn Healthcare v. Teva Pharmaceuticals. Under United States law, a person cannot receive a patent on an invention that was “in public use, on sale, … Continue reading

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Supreme Court Says that Entitlement to “Full Costs” Under Copyright Act Means “Costs” Specified In General Costs Statutes, Not Expert Witness, E-Discovery, or Jury Consulting Costs

On March 4, 2019, the Supreme Court issued its unanimous decision in Rimini Street v. Oracle (available here). At issue was whether the Copyright Act’s provision that “the court in its discretion may allow the recovery of full costs by … Continue reading

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Justice Ada Brown Nominated To N.D. Tex. Bench By President Trump

On March 15, 2019, President Trump nominated Ada Brown (currently a Justice on the Texas Fifth Court of Appeals) to serve as a U.S. District Court Judge for the Northern District of Texas. According to the White House’s news release: … Continue reading

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Federal Circuit Finds That Demand Letters Are Now Sufficient To Create Personal Jurisdiction In District Where Demand Letters Are Received

On December 7, 2018, the Federal Circuit issued its decision in Jack Henry & Associates v. Plano Encryption Technologies (available here). Jack Henry and eleven Texas banks (collectively, the “Banks”) appealed Judge Godbey’s order dismissing their declaratory judgment action against … Continue reading

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Ford Wins Patent Jury Verdict Against New World International

On November 16, 2018, the jury in Ford Global Technologies v. New World International returned their verdict (available here). Ford asserted several design patents against New World. The jury found none of the patents invalid due to indefiniteness, that the … Continue reading

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Chief Judge Lynn Defers Section 101 Motions In Patent Cases Until Claim Construction

On November 20, 2018, Chief Judge Lynn entered an Order in Electro Scientific Industries v. Fossil Group (available here) deferring consideration of Defendants’ motion to dismiss the complaint for failure to state a claim under Rule 12(b)(6) until after claim … Continue reading

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Four New N.D. Tex. Judicial Nominations

On January 16, 2019, President Trump nominated James Wesley (“Wes”) Hendrix to serve as a Northern District of Texas judge. Mr. Hendrix is presently an Assistant United States Attorney in the U.S. Attorney’s Office for the Northern District of Texas. … Continue reading

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The Passing of Judge Robinson

The Northern District of Texas’ Judge Mary Lou Robinson passed away on January 26, 2019, at age 92, after an incredible 63-year judicial career. She served as a Northern District of Texas judge for over 39 years, and the Amarillo … Continue reading

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New Patent Cases

Over the last couple of months, there have been numerous new patent-infringement cases filed in the Northern District of Texas, including the following: Beck Branch v. AT&T Inc. (complaint available here); Rainey Circuit v. Blackberry (complaint available here); Carucel v. … Continue reading

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Judge Kinkeade Hits Investpic With $680,000 Award Of SAP’s Attorney’s Fees, Rejects SAP’s Request For $1,175/hour

On December 4, 2018, Judge Kinkeade issued an Order (available here) in SAP America v. InvestPic. SAP filed a declaratory-judgment lawsuit against Investpic seeking a declaration of non-infringement of Investpic’s patent. Investpic counterclaimed for infringement, and lost at the district … Continue reading

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