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Category Archives: Non-N.D. Tex. Notable Decisions
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
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
Posted in Federal Circuit Court of Appeals, Non-N.D. Tex. Notable Decisions
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AT&T Convinces East Texas Court To Transfer Patent Infringement Case To Dallas
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
Posted in N.D. Tex. News, Non-N.D. Tex. Notable Decisions
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Texas Instruments Convinces Delaware Court To Transfer Patent Infringement Case To Northern District of Texas
On January 8, 2013, Texas Instruments succeeded in having a patent infringement lawsuit brought against it by plaintiff Semcon in the District of Delaware transferred to the Northern District of Texas. (Decision available here.) The court granted TI’s motion to … Continue reading
Posted in N.D. Tex. News, Non-N.D. Tex. Notable Decisions
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Chief Judge Davis Issues Groundbreaking Patent Infringement Post-AIA Opinion Dealing with Joinder, Severance, and Transfer Issues
On August 10, 2012, Chief Judge Davis of the Eastern District of Texas, as first reported by Michael Smith, issued a groundbreaking opinion in the patent case Norman IP Holdings v. Lexmark International (available here) that should be read by … Continue reading
Posted in Developing Law, Non-N.D. Tex. Notable Decisions
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Patent Infringement Litigation: Can You Keep A Case In The Eastern District of Texas?
In the old days, once you rounded up patent infringers, you could (in nearly all cases) file a lawsuit in the Eastern District of Texas without much fear that it would be transferred out of the District. After all, cases … Continue reading
Posted in Developing Law, Federal Circuit Court of Appeals, Fifth Circuit Court of Appeals, Judge Fitzwater, Judge Lynn, Judge O'Connor, Non-N.D. Tex. Notable Decisions, Northern District Practice Tips
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Supreme Court Upholds Clear and Convincing Burden of Proof For Challenging a Patent’s Validity
In a major patent decision that issued today, the Supreme Court upheld, by an 8-0 vote, the Federal Circuit’s long-standing rule that 35 U.S.C. § 282 requires an invalidity defense to be proved by clear and convincing evidence. A copy … Continue reading
Posted in Non-N.D. Tex. Notable Decisions
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You Lose Some, You Win Some
Last week, we noted that the Fifth Circuit held that the SEC’s Complaint adequately stated a claim against Mark Cuban for insider trading. In that case, the SEC filed suit against Cuban in the Northern District of Texas, accusing him … Continue reading
Posted in Non-N.D. Tex. Notable Decisions
Tagged Mark Cuban
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Court Sentences Spoliator of Evidence to Two Years in Prison
Occasionally, we discuss non-Northern District of Texas cases of importance to litigators in federal court. The court’s recent decision (pdf copy here) in Victor Stanley v. Creative Pipe (D. Md.) is one that all litigators should be familiar with. The … Continue reading
Posted in Attorney's Fees, Non-N.D. Tex. Notable Decisions, Sanctions
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