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Category Archives: Judge O’Connor
Judge O’Connor Strikes Down Patient Protection And Affordable Care Act (aka Obamacare)
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 O’Connor Denies Motion To Stay Case Pending IPR
In Summit 6 v. HTC, defendants sought to stay the case pending the PTAB’s inter partes review concerning the patents-in-suit. Judge O’Connor denied defendants’ motion to stay (decision available here), noting in the process that the PTAB had not instituted … Continue reading
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File Your Motions To Compel Prior To The Close Of Discovery
Judge O’Connor issued an Order (available here) in Williams-Pyro v. Warren Watts Technology denying a motion to compel because it was not filed during the discovery period. Judge O’Connor stated: “Motions to compel are untimely if filed after the deadline … Continue reading
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Judge O’Connor Denies Alice Motion For Judgment On Pleadings
Judge O’Connor issued an Order in Summit 6 v. HTC (available here) rejecting defendants’ Rule 12(c) Motion for Judgment On The Pleadings. Judge O’Connor found that the patents-in-suit were not invalid under the Supreme Court’s Alice decision.
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Judge O’Connor’s Recent Summit 6 Decisions
Over the last several months, Judge O’Connor has issued at least three opinions in the Summit 6 case. First, a 58 page claim construction opinion (available here) construing claim terms. Second, a decision granting in part and denying in part Summit … Continue reading
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Judge O’Connor Invalidates Federal Regulatory Regime Relating To Buying/Selling Handguns Across State Lines Due To Second Amendment
On February 11, 2015, Judge O’Connor issued an opinion (available here) that invalidated certain federal laws relating to the buying, transporting, and selling of handguns across state lines. The federal laws, in essence, require that handgun sales crossing state lines … Continue reading
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Judge O’Connor Declines to Stay Case Pending Ex Parte Reexamination
On January 26, 2015, Judge O’Conner issued an Order (available here) in Newco Enterprises v. Super Heaters. Judge O’Conner denied a motion to stay the case pending the completion of ex parte reexamination proceedings after considering the relevant factors.
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Judge O’Connor Issues Joinder Decision Under America Invents Act
On December 19, 2014, Judge O’Connor issued an Order (available here) in NewCo Enterprises v. Super Heaters granting plaintiffs’ motion to amend their complaint and add claims for direct and induced patent infringement against two third parties. Judge O’Connor found that … Continue reading
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Judge O’Connor Denies Defendants’ Motion to Transfer in Summit 6 v. Apple Case
In a thirty page opinion (available here), Judge O’Connor denied Defendants’ motion to transfer venue in the Summit 6 v. Apple case.
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Federal Circuit Issues Long Awaited Lighting Ballast Decision
On February 21, 2014, the Federal Circuit issued its en banc decision in Lighting Ballast v. Phillip Electronics (decision available here). The case had been appealed from Judge O’Connor’s earlier decision, and the Federal Circuit sat en banc to determine … Continue reading
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