Mark Cuban Cleared Of Insider Trading By Northern District of Texas Jury

As has been widely reported (see here for example), Mark Cuban was cleared this week of insider trading by a jury in the Northern District of Texas. The SEC brought the case five years ago, and the case was tried before Chief Judge Fitzwater.

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Notice of Appeal Filing Fee To Increase

As noted on the Northern District of Texas’ website yesterday (see here), on December 1, 2013, the fee for filing a Notice of Appeal will increase to $500.

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Cinsay Sues New Antics for Patent Infringement In Northern District of Texas

On October 16, 2013, Cinsay hit New Antics with a patent infringement lawsuit (complaint available here). Cinsay claims that New Antics infringes U.S. Patent No. 8,533,753 and 8,549,555 through the sale of “Defendant’s products or services associated with interactive videos, interactive text overlays over videos, and/or interactive video players, for example, as used in Defendant’s PayRoll videos and/or other products or services.”

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Mobile Enhancement Solutions Sues Nokia For Patent Infringement In Northern District of Texas

On October 1, 2013, Mobile Enhancement Solutions filed its patent infringement lawsuit (complaint available here) against Nokia. MES claims Nokia infringes U.S. Patent No. 6,415,325, entitled “Transmission System with Improved Synchronization,” through the sale of Nokia’s phones.

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Matson Inc. Sues Cowboy Containments For Patent Infringement

On September 30, 2013, Matson filed a lawsuit (complaint available here) in the
Northern District of Texas claiming that Cowboy Containments infringes United
States Patent No. 8,479,946, entitled “Portable Drip Containment Device
Apparatus and Method.” Matson claims Cowboy’s “VMatz” product infringes the
patent-in-suit.

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Notice Regarding Government Shutdown

The Northern District of Texas has posted the following Public Notice on its website:

In the event of a government shutdown on October 1, 2013, the federal district court will remain open for business as usual for approximately ten business days. Notice of scheduling changes, if any, will be provided in individual cases. Please do not call the clerk’s office for information regarding the government shutdown. Information will be made available on this website as it becomes available.

 

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Galderma Hits Perrigo With ANDA Patent Infringement Lawsuit

On September 27, 2013, Galderma filed a patent infringement lawsuit (Complaint available here) in the Northern District of Texas. In its Complaint, Galderma alleges that Perrigo infringes eight Galderma patents by submitting ANDA No. 205033, for “for approval to make, market, and import a generic version of Galderma’s Epiduo® Gel product[.]”

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Judge Lynn Rules on Motion to Exclude Expert Testimony In American Imaging Services v. Autodesk

On September 26, 2013, Judge Lynn issued an Order (available here) in American Imaging Services v. Autodesk. The order denied Autodesk’s motion to exclude plaintiff’s validity expert’s testimony as allegedly incorrect and unreliable based on a prior Federal Circuit decision regarding a prior art reference. Ultimately, Judge Lynn concluded that:

the Court finds that Cole’s opinion is not precluded by the Federal Circuit’s finding . . . . While Autodesk may disagree with the basis of Cole’s opinion, “[v]igorous cross-examination, presentation of contrary evidence, and careful instruction on the burden of proof are the traditional and appropriate means of attacking shaky but admissible evidence.” Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579, 595 (1993).  

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Collective Technologies Sues Oracle for Trademark Infringement In Northern District of Texas

On September 20, 2013, Collective Technologies filed a trademark infringement lawsuit (complaint available here) against Oracle. Collective claims that Oracle is infringing Collective’s COLLECTIVE INTELLECT trademark by “appropriate[ing] Collective’s mark by using it in media, campaigns, events and materials.”

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UHS Sues Walls Universal For Trademark Infringement

On September 20, 2013, UHS of Delaware filed a trademark infringement lawsuit (complaint available here) against Walls Universal Home Health. UHS claims Walls “provides its services under the identical and infringing ‘UHS’ and ‘Universal Health Services’ marks to trade off the goodwill of UHS” and has accordingly committed trademark infringement.

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