Category Archives: Developing Law

Post-Judgment Discovery Revealing Party As Judgment-Proof Shell Company Warrants Re-Opening Case And Joining New Parties (Including Party’s Owners and Law Firm)

Posted on March 28, 2021 by Steven Callahan

On March 23, 2021, the Northern District of Texas entered a decision in SAP America, Inc. v. InvestPic, LLC (available here). In the case, the Court granted Plaintiff’s motion for judgment on the pleadings asserting that all of the claims … Continue reading →

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Federal Circuit Requires Stay Until Transfer Ruling (Part 2)

Posted on March 17, 2021 by Steven Callahan

On March 8, 2021, the Federal Circuit issued an order in In re: Tracfone Wireless, Inc. (available here). This order is another Federal Circuit decision directing W.D. Tex.’s Judge Albright to stay a case pending the resolution of a motion … Continue reading →

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Federal Circuit Requires Stay Until Transfer Ruling

Posted on February 5, 2021 by Steven Callahan

On February 1, 2021, the Federal Circuit issued an order in In re: SK Hynix Inc. (available here). The order required a Western District of Texas district court judge to stay all proceedings until ruling on a pending transfer motion. … Continue reading →

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S.D. Cal. Finds Litigation Funding Agreement And Materials Are Work Product

Posted on November 28, 2020 by Steven Callahan

On October 20, 2020, the Southern District of California issued an order in Impact Engine, Inc. v. Google LLC (available here). In the order, Judge Bencivengo found that a litigation-funding agreement and related materials were protected from discovery under the … Continue reading →

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Attempting to Litigate Invalidated Patent Leads to “Exceptional” Case Attorney Fees

Posted on November 1, 2020 by Steven Callahan

On October 13, 2020, the District of Delaware issued a memorandum opinion in Rothschild Digital Confirmation LLC v. CompanyCam, Inc. (available here). The Court ordered the Rothschild entity to pay the patent-infringement defendant’s attorney’s fees after it found Rothschild’s loss … Continue reading →

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Are All RPX And Unified Patents Members Real Parties In Interest For IPRs?

Posted on October 15, 2020 by Steven Callahan

On October 2, 2020, the PTAB issued a key decision in RPX Corporation v. Applications in Internet Time, LLC (available here) finding that Salesforce was a real party in interest to an RPX inter partes review (and, as such, declining … Continue reading →

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D. Del. Rejects Attempt To Avoid Litigation-Funding Questions On Relevance Grounds

Posted on October 7, 2020 by Steven Callahan

On October 1, 2020, the District of Delaware’s Magistrate Judge Burke issued an oral order in Red Hat, Inc. v. Sequoia Technology, LLC (available here). Magistrate Judge Burke held that it is improper to instruct a witness not to answer … Continue reading →

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E.D. Pa. Finds Litigation Funding Materials Discoverable and Not Privileged

Posted on September 25, 2020 by Steven Callahan

On September 16, 2020, the Eastern District of Pennsylvania issued a decision in Midwest Athletics & Sports Alliance LLC v. Ricoh USA, Inc. (available here). The decision finds litigation-funding materials discoverable, and rejected a common-interest privilege argument. It further finds … Continue reading →

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Litigation Funding Materials Ruled Irrelevant And Not Discoverable

Posted on June 20, 2020 by Steven Callahan

Here’s an important decision from Chief Judge Stark from the District of Delaware regarding the non-discoverability of communications with litigation funders. Chief Judge Stark found that defendants were not entitled to obtain discovery regarding (i) potential investments by third parties … Continue reading →

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Texas Supreme Court: Feel Free to Deny Those Case-Dispositive Requests for Admission Without Fear of Sanctions

Posted on July 1, 2019 by Steven Callahan

As a young attorney, I loved requests for admission. Right out of the gate, I’d serve a bunch of them asking my opponent to admit that they had no case and hope that the opponent’s counsel would forget to timely … Continue reading →

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