“The Effective Use of Electronic Media In the Courtroom” Presentation to Occur on February 27

Posted on February 22, 2014 by Steven Callahan

The Federal Bar Association, Dallas Chapter is inviting attorneys to attend a presentation by Kathleen J. Love on “The Effective Use of Electronic Media in the Courtroom.” The presentation will occur on Thursday, February 27, 2014 (from 12:00-1:00 p.m. on the Fifteenth Floor of the Federal Court House). More details can be found here.

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Federal Circuit Issues Long Awaited Lighting Ballast Decision

Posted on February 22, 2014 by Steven Callahan

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 what standard of appellate review applies to claim construction. The Federal Circuit ultimately concluded that de novo review of claim construction should continue to be applied (i.e., the scope of the patent grant is reviewed de novo as  a matter of law).

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Northern District of Texas’ Federal Civil Practice Seminar To Occur on January 16

Posted on January 4, 2014 by Steven Callahan

The Federal Bar Association, Dallas Chapter, is hosting its annual Federal Civil Practice Seminar on Thursday, January 16, 2014 at 8:00 a.m. at the Belo Mansion. This will be a great program, with speakers including Judges Ferguson, Boyle, O’Connor, Cureton, Kinkeade, and Horan. The keynote address will be given by Rusty Hardin, and there will also be a panel of general counsels from Exxon Mobile, JCPenney, and Southwest Airlines.

It is anticipated that the seminar will be approved for 5.5 total preparatory hours of Minimum Continuing Legal Education by the State Bar of Texas, including 2.5 hours of ethics.

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Judge O’Connor Issues Costs And Attorney’s Fees Decision in ICON v. Travelocity

Posted on January 4, 2014 by Steven Callahan

On November 18, 2013, Judge O’Conner issued an Order (available here), ruling upon issues regarding, among other things, Travelocity’s bill of costs and Travelocity’s request for attorney’s fees. Judge O’Conner found that costs were appropriate and awarded $75,524. Judge O’Conner denied Travelocity’s request for attorney’s fees, finding that ICON’s attempt to oppose summary judgment was not objectively or subjectively unreasonable.

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Judge Kinkeade Issues Injunction in Red Dog Mobile Shelters v. Rising S

Posted on January 4, 2014 by Steven Callahan

On December 2, 2013, Judge Kinkeade issued a Final Judgment And Agreed Permanent Injunction (available here) in Red Dog Mobile Shelters v. Rising S. The injunction prohibits defendant from selling certain shelters during the term of the patent-in-suit.

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Judge O’Conner Issues Costs Decision in Summit 6 v. Samsung

Posted on January 4, 2014 by Steven Callahan

On November 26, 2013, Judge O’Conner entered an Order (available here) in Summit 6 v. Samsung. The Order resolved issues regarding Summit 6’s bill of costs. Summit 6 sought $168,000 in costs; Samsung contended that costs should be taxed at $61,000. The Court sustained Samsung’s objection to costs associated with travel of officers and employees of Summit 6, sustained Samsung’s objection to certain copying costs (resulting in a reduction of such costs by 50%), overruled Samsung’s objection as to electronic discovery costs, sustained Samsung’s objection to trial demonstrative costs, and sustained Samsung’s objections to special-order demonstrative magnets, a Dry Erase board, audiovisual setup, preparation, and “tear down” expenses. Judge O’Conner concluded that Summit 6 was entitled to $78,000 in costs.

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Judge Kinkeade Grants Transfer Motion in Victualic v. Romar Supply Patent Infringement Case

Posted on January 2, 2014 by Steven Callahan

On November 14, 2013, Judge Kinkeade issued a transfer opinion (available here) in Victualic v. Romar Supply. Judge Kinkeade granted the defendant’s motion to transfer venue, finding that transfer was appropriate in light of the first-t0-file rule.

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Federal Circuit’s Chief Judge Rader’s Speech

Posted on January 2, 2014 by Steven Callahan

On November 1, 2013, Chief Judge Rader of the Federal Circuit gave a speech in Plano, Texas (at the Eastern District of Texas’ Bench/Bar Conference), on Patent Law and Litigation Abuse (the speech is available here). Among the many notable aspects of the speech is that studies concerning patents demonstrate that patents spur innovation, the patent system does not inhibit invention, and that skeptics of the patent system use the “litigation abuse problem” as a “weapon to erode confidence in the patent system.” Chief Judge Rader noted that several options exist for the Courts to control any abuses in patent litigation, including (i) summary judgment, (ii) fee reversal, and (iii) litigation expense reforms (such as model orders designed to reduce discovery costs and to narrow litigable issues at an early stage of the proceedings).

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Magistrate Judge Ramirez Recommends Denial of Domino’s Motion to Transfer Venue

Posted on December 31, 2013 by Steven Callahan

On October 30, 2013, Magistrate Judge Ramirez issued Findings, Conclusions, and Recommendation (available here) in the H-W Technology v. Domino’s Pizza case. Judge Ramirez recommended denying Domino’s motion to transfer venue, ruling that “[c]onsidering the interest of justice issue under § 1404(a), Defendants have failed to carry their burden of showing that the Eastern District of Michigan is ‘clearly more convenient’.” It appears as if Judge Ramirez’s decision was substantially influenced by other pending cases in the Northern District involving the same plaintiff and same patent-in-suit.

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Judge Solis Resolves Post-Trial Motions in Kaneka v. JBS

Posted on December 31, 2013 by Steven Callahan

On October 24, 2013, Judge Solis entered an Order (available here) resolving post-trial motions in Kaneka v. JBS, a patent infringement case in which the jury had found in favor of the plaintiff. Judge Solis determined, among other things, that the plaintiff was entitled to $400,000 in damages from the defendants, an accounting for additional damages from January 1, 2013 through the date of the Order, pre-judgment interest at the U.S. prime rate, compounded quarterly, and post-judgment interest at a rate of 0.14% per annum.

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