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Category Archives: Judge Kinkeade
Judge Kinkeade Issues Markman Rulings in Red Dog v. Kat Industries and Richmond v. Forever Gifts
Judge Kinkeade recently issued two substantial opinions construing the claims of the patents-at-issue in Red Dog v. Kat Industries and Richmond v. Forever Gifts. The opinions are available here and here.
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Judge Kinkeade Invalidates Patent On Motion to Dismiss Under Alice
On May 7, 2015, Judge Kinkeade entered an Order (available here) in Jericho Systems v. Axiomatics finding that the plaintiff’s complaint should be dismissed at the pleadings stage because the patent in suit did not claim patent eligible subject matter under … Continue reading
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Judge Kinkeade Severs and Stays Patent Infringement Claims Against Retailer Defendant
On March 18, 2015, Judge Kinkeade issued an Order (available here) in Richmond v. Forever Gifts. Defendants requested that the Court sever and stay Plaintiff’s claims against Walgreen (the retailer of the accused product) pending final resolution of Plaintiff’s claims against … Continue reading
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Judge Kinkeade Denies Motion for Preliminary Injunction In Patent Case
In Mannatech v. Wellness Quest, the plaintiff sued defendants asserting infringement of two patents. The plaintiff then moved for a preliminary injunction and expedited discovery. Judge Kinkeade issued an Order (available here) rejecting the plaintiff’s requests. The Court premised its … Continue reading
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Judge Kinkeade Tosses Patent Infringement Case Due to Lack of Standing
Judge Kinkeade issued an order in Optimal Golf v. Altex Corp. (available here) finding that the plaintiffs lacked standing when the case was filed. The Court was not happy, writing: This is now the second case involving the same patent … Continue reading
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Judge Kinkeade Transfers Patent Case to Western District of Texas
On March 9, 2015, Judge Kinkeade entered an Order (available here) in Smith’s Consumer Products v. Fortune Products transferring the case from the Northern District of Texas to the Western District of Texas. Plaintiff was a Delaware corporation with its … Continue reading
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Recent Markman Decisions
On March 4, 2015, Judge Kinkeade issued a Markman decision in Cinsay v. Joyus (decision available here). In the Markman decision, the Court construed the disputed terms of the three patents-in-suit. On March 19, 2015, Judge Lynn issued a 106 … Continue reading
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Judge Kinkeade Issues Markman Decision in Securus Case
On January 27, 2015, Judge Kinkeade issued a thorugh, fifty-plus page Markman opinion (available here) in Securus Technologies v. Global Tel*Link, which construed the disputed terms of the three patents in suit.
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Judge Kinkeade Grants Transfer In DietGoal Case
DietGoal originally filed suit against Taco John’s in the Eastern District of Texas. Taco John’s filed a motion to dismiss the action for improper venue. The East Texas Court denied the motion to dismiss and instead transferred the case to … Continue reading
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Judge Kinkeade Issues Markman Opinion in Geotag Case
On June 10, 2014, Judge Kinkeade issued an exhaustive, 62 page Markman opinion in the Geotag v. AT&T case, construing the disputed claim terms of the patent-in-suit. The opinion is available here.
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