Author Archives: Steven Callahan

Supreme Court Rejects “Wholly Groundless” Arbitrability Exception – Arbitrators Alone Are To Decide Threshold Question Of Arbitrability When Parties Delegate Arbitrability Decision To Arbitrator

Posted on January 16, 2019 by Steven Callahan

On January 8, 2019, the Supreme Court issued its unanimous opinion in Henry Schein v. Archer & White (available here). At issue was whether, when the parties to an arbitration agreement have agreed that an arbitrator, rather than a court, … Continue reading →

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December 2018 Amendments to Federal Rules of Civil Procedure

Posted on December 30, 2018 by Steven Callahan

On December 1, 2018, the Federal Rules of Civil Procedure were amended (amendments available here). Rules 5, 23, 62, and 65.1 were amended. Rule 5 Service of a paper may be made on a registered electronic-filing user by filing it with … Continue reading →

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Judge O’Connor Strikes Down Patient Protection And Affordable Care Act (aka Obamacare)

Posted on December 30, 2018 by Steven Callahan

On December 14, 2018, Judge O’Connor issued an Order (available here) in Texas v. United States. In the case, plaintiffs argued that, following passage of the Tax Cuts and Jobs Act of 2017 (TCJA), the “individual mandate” (i.e., the requirement … Continue reading →

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Judge Kinkeade Transfers Bumble v. Match Case To Western District Of Texas

Posted on December 30, 2018 by Steven Callahan

On November 28, 2018, Judge Kinkeade issued an Order (available here) transferring the Bumble v. Match case to the Western District of Texas. Defendant Match sought transfer to the Western District, where Match’s current action against Bumble for patent and … Continue reading →

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Northern District of Texas’ Bench/Bar Conference – Friday, January 11, 2019

Posted on December 30, 2018 by Steven Callahan

The Third Annual Northern District of Texas Bench/Bar Conference will be held this year on Friday, January 11, 2019, at the Four Seasons in Irving, Texas. This year’s luncheon speaker will be Dean Erwin Chemerinsky of UC Berkeley Law School. … Continue reading →

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New Patent Cases

Posted on November 29, 2018 by Steven Callahan

Over the last couple of months, there have been numerous new patent cases filed in the Northern District of Texas, including: Akoloutheo v. Citrix Systems (complaint available here) Altair Logix v. ZTE (complaint available here) Complex Memory v. STMicroelectronics (complaint available … Continue reading →

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Judge Kinkeade Strikes Pleadings Requesting $40 Million In Attorney’s Fees As Discovery Sanction

Posted on October 27, 2018 by Steven Callahan

On June 27, 2018, Judge Kinkeade issued a post-trial Order in Zenimax v. Oculus (available here). The Court had previously entered orders requiring the Plaintiffs to produce certain documents relating to their financial status and business valuations, including an order … Continue reading →

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Voluntary Dismissal of Lawsuit Without Prejudice Triggers 1 Year IPR Bar Date

Posted on September 15, 2018 by Steven Callahan

35 U.S.C. § 315(b) provides that an inter partes review “may not be instituted if the petition requesting the proceeding is filed more than 1 year after the date on which the petitioner . . . is served with a … Continue reading →

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Moving For Attorney’s Fees? Judge Kinkeade Lays Out A Road Map For Your Proof On Reasonableness

Posted on August 2, 2018 by Steven Callahan

On May 15, 2018, Judge Kinkeade denied (without prejudice to refiling) SAP’s Motion for Recovery of Attorneys’ Fees (Order available here). In this patent case, SAP prevailed against InvestPic, and Judge Kinkeade found the case exceptional, such that SAP was … Continue reading →

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Federal Circuit Sees Through Purchase of Tribal Sovereign Immunity, Finds that Tribes Cannot Assert Sovereign Immunity in Inter Partes Reviews

Posted on August 2, 2018 by Steven Callahan

In Saint Regis Mohawk Tribe v. Mylan (decision available here), the Federal Circuit rejected Allergen’s attempt to purchase sovereign immunity from an Indian tribe—i.e., Allergen paid millions of dollars to an Indian tribe to allow the tribe to own Allergen’s … Continue reading →

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