Category Archives: Judge Kinkeade

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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Judge Kinkeade Denies Motion for Leave to Proceed Without Local Counsel

Posted on April 9, 2020 by Steven Callahan

On February 6, 2020, Judge Kinkeade denied a motion for leave to proceed without local counsel (minute order available here). Judge Kinkeade required the defendant to designate local counsel within 14 days and further provided that both local counsel and … Continue reading →

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

Posted on April 7, 2019 by Steven Callahan

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

Posted on January 16, 2019 by Steven Callahan

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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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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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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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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Judge Kinkeade Cuts Jury Award in Oculus Case By $250 Million

Posted on July 28, 2018 by Steven Callahan

On June 27, 2018, Judge Kinkeade entered an Order (available here). The Order granted Defendants’ motion for judgment as a matter of law on Plaintiffs’ false designation of origin claim. The jury had awarded $250 million on this claim against … Continue reading →

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Judge Kinkeade Refuses To Disqualify Sterne Kessler from Representing Global Tel*Link

Posted on October 22, 2017 by Steven Callahan

On September 18, 2017, Judge Kinkeade entered an Order (available here) in Securus v. Global Tel*Link. Securus had moved to disqualify Sterne Kessler from representing Global Tel. Before January 2017, Global Tel was represented by Kellogg Huber. Two Kellogg attorneys … Continue reading →

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Judge Kinkeade Grants Motion to Compel in Securus Technologies v. Global Tel*Link Corporation

Posted on October 22, 2017 by Steven Callahan

On September 13, 2017, Judge Kinkeade granted, in part, a motion to compel filed in Securus v. Global Tel*Link (order available here). Plaintiff asserted, in its motion to compel, that defendant failed to comply with certain requests for production (e.g., … Continue reading →

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