Category Archives: Non-N.D. Tex. Notable Decisions

Dallas Court of Appeals Rules That Texas Does Not Recognize Patent Agent Privilege

Posted on September 28, 2016 by Steven Callahan

On August 17, 2016, the Dallas Court of Appeals, in In re Silver, 05-16-00774-CV, 2016 WL 4386004 (Tex. App.—Dallas Aug. 17, 2016, no. pet. h.), found that the State of Texas does not recognize a patent-agent privilege, because “[n]o Texas … Continue reading →

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Supreme Court Upholds “Broadest Reasonable Construction” Standard in Inter Partes Reviews

Posted on July 26, 2016 by Steven Callahan

On June 20, 2016, the Supreme Court issued its decision in Cuozzo Speed Technologies, LLC v. Lee (available here). The decision had two notable holdings. First, the Supreme Court held that the Patent Office could properly implement its regulation that, … Continue reading →

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Supreme Court Unanimously Rejects Federal Circuit’s Enhanced Damages Standard For Patent Infringement

Posted on June 15, 2016 by Steven Callahan

On June 13, 2016, the Supreme Court issued its unanimous opinion in Halo Electronics v. Pulse Electronics (available here). Halo rejected the Federal Circuit’s Seagate test for enhanced damages. The Patent Act specifies that, in cases of infringement, “the court … Continue reading →

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The Supreme Court’s Kimble Opinion

Posted on December 3, 2015 by Steven Callahan

I try to briefly summarize all Supreme Court opinions dealing with intellectual property law. I did not get around to summarizing last June’s Kimble opinion (available here) in a timely manner, but nevertheless now here it goes. In Kimble v. … Continue reading →

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If You Hire “Cadillac” Counsel, Don’t Expect The Court To Require Your Opponent To Fully Reimburse You

Posted on June 17, 2015 by Steven Callahan

That’s the lesson coming out of the Beastie Boys v. Monster Energy decision (available here) from the Southern District of New York. The general “American Rule” is that a successful litigant is not entitled to recover its attorney’s fees from its … Continue reading →

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Eastern District of Texas Adopts Model Order Focusing Patent Claims and Prior Art To Reduce Costs

Posted on December 15, 2013 by Steven Callahan

On October 29, 2013, the Eastern District of Texas adopted a model order (available here) focusing patent claims and prior art to reduce cost. The highlights from the model order are as follows: (i) by the close of claim construction discovery, … Continue reading →

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Abraham Lincoln Quoted in Meet and Confer Order in Apple v. Samsung Case

Posted on December 15, 2013 by Steven Callahan

We came across this interesting order from the Apple v. Samsung patent infringement case (pending in the Northern District of California). The order discusses the importance of meeting and conferring to try to resolve issues, and begins as follows: Before he spoke … Continue reading →

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Supreme Court Rules Legal Malpractice Cases Involving Patent Cases Belong In State Court

Posted on March 4, 2013 by Steven Callahan

On February 20, 2013, the Supreme Court issued its decision (available here) in Gunn v. Minton. The long and the short of the decision is that legal malpractice cases involving allegations that attorneys botched patent infringement proceedings will have to … Continue reading →

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Federal Circuit Issues In Re EMC Corp. Mandamus Decision, Offering Substantial Guidance To Judges And Patent Practitioners In The Northern District of Texas On Transfer Issues

Posted on February 4, 2013 by Steven Callahan

On January 29, 2013, the Federal Circuit issued its mandamus decision in In re EMC Corp. (available here). This decision, which applies in all patent infringement cases filed within the Fifth Circuit, such as in the Northern District of Texas, … Continue reading →

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AT&T Convinces East Texas Court To Transfer Patent Infringement Case To Dallas

Posted on February 3, 2013 by Steven Callahan

On January 14, 2013, AT&T obtained a severance and an order transferring a patent infringement case in which it is a defendant to the Northern District of Texas, Dallas Division. Specifically, Judge Schneider, of the Eastern District of Texas, issued … Continue reading →

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