Chief Judge Fitzwater Denies Mark Cuban’s Motion For Use Of Jury Questionnaire And Additional Attorney Voir Dire

On September 10, 2013, Chief Judge Fitzwater issued an order (available here) that denied Mark Cuban’s motion for use of jury questionnaire and additional attorney voir dire. Cuban had requested “that the court permit a brief written jury questionnaire and permit both parties’ attorneys to conduct 30 minutes of voir dire” or, alternatively, “60 minutes of attorney voir dire per side.” The SEC opposed.

Chief Judge Fitzwater noted that:

In a civil case, the court usually conducts voir dire in three general phases. First, it poses questions to the entire venire based on questions submitted in advance by the parties and questions that it considers appropriate for the case on trial. Second, it permits one attorney per side to ask follow up questions of the entire venire (a time limit of ten minutes is usually imposed). Third, the court questions individual venire members outside the presence of other venire members regarding hardship excuses and answers given during the questioning of the entire panel that suggest a basis for individual questioning. Before the third phase begins, each party is permitted to request at a bench conference that one or more venire members be questioned further. During the third phase, counsel are permitted to directly question these venire members. This questioning process is untimed and is not charged against counsels’ ten minutes. Counsel can use this phase to develop grounds to challenge a potential juror for cause or to oppose a cause-based challenge.

Chief Judge Fitzwater ultimately found:

The court concludes that its usual three-phase process will be sufficient to address the concerns raised in Cuban’s motion. In the first and third phases, the court can ask[ ] probing questions to ferret out possible bias. During the second phase, counsel can make further, proper inquiries of the entire venire. And during the third phase, counsel can question venire members directly, without preset time constraints, to ensure that the venire members who remain (and who are subject to peremptory strikes) can be fair and impartial.

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Exclusive Door Handles Sues Wild August for Patent Infringement

On September 11, 2013, Exclusive Door Handle filed a patent infringement lawsuit (complaint available here) against Wild August in the Northern District of Texas. EDH claims that Wild August infringes U.S. Patent No. 7,383,654, entitled “Door Handle with Interchangeable Graphic Display” through the advertising of its Cool-Ad handle.

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LT Tech Sues Kayako For Patent Infringement

On September 10, 2013, LT Tech filed a patent infringement lawsuit (complaint availablehere) against Kayako. LT Tech claims Kayako infringes U.S. Patent No. 6,177,932, entitled “Method and Apparatus for Network Based Customer Service.” Kayako’s accused product is its “Fusion product and related offerings.”

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Cinsay Sues Joyus and Brightcove for Patent Infringement In Northern District of Texas

On September 10, 2013, Cinsay hit Joyus with a complaint (available here) for patent infringement. Cinsay claims that defendants have infringe U.S. Patent No. 8,312,486, entitled “Interactive Product Placement System and Method Therefor” through the defendants’ videos with product placement.

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Micrografx Files Suit Against Google And Samsung In Northern District of Texas

On September 9, 2013, Micrografx filed patent infringement lawsuits against Google and Samsung (complaints available here and here). Micrografx asserts that defendants infringe U.S. Patent Nos. 5,959,633; 6,057,854; and 6,552,732 through the sale of their phones and tablets, among other products. 

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Employment Law Compliance Files Patent Infringement Lawsuit Against Compli

On September 6, 2013, Employment Law Compliance filed a patent infringement lawsuit (complaint available here) against Compli in the Northern District of Texas. ELC claims that Compli infringes U.S. Patent No. 7,330,817, which claims systems and methods relating to employment law compliance, establishment, evaluation and review.

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IVFMD Florida, Inc. sues IVFMD, P.A. For Trademark Infringement In Northern District of Texas

On September 3, 2013, IVFMD Florida, Inc. filed a trademark infringement lawsuit (complaint available here) against IVFMD, P.A. IVFMD claims that it has “used its IVFMD marks for over fifteen years and has established extensive use of and fame in the marks in Florida, across the United States, and internationally” and that Defendant is “infringing IVFMD mark[s] in various contexts in connection with its medical and health services which are identical to certain of Plaintiff’s medical and health goods and services.”

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Spherix Files Two Patent Infringement Lawsuits in Northern District of Texas

On August 30, 2013, Spherix filed a lawsuit against Uniden (complaint available here) and another lawsuit against VTech (complaint available here). Spherix claims that the defendants infringe U.S. Patent Nos. 5,581,599; 5,752,195; 5,892,814; 6,614,899; and 6,965,614, through the sale of certain telephones.

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Magistrate Judge Ramirez Recommends that Summary Judgment of Invalidity Should be Rendered For Indefiniteness in H-W Technology Case

On August 30, 2013, Magistrate Judge Ramirez issued an opinion (available here) in H-W Technology v. Overstock.com.  Overstock had moved for summary judgment, claiming that two claims of the patent-in-suit were allegedly invalid for indefiniteness. Judge Ramirez agreed.

First, Judge Ramirez held that one of the asserted claims was invalid because it issued without language approved of by the PTO. “Here, the error is a material limitation of the patent claim that Plaintiff has failed to correct. . . . The prosecution history discloses that the missing language was required, but it is impossible to tell what language is missing simply by reading the patent.” Judge Ramirez held that the Court lacked authority to correct the claim under these circumstances. Hence, the claim was invalid.

Second, Judge Ramirez held that the second asserted claim was invalid because it combined two statutory classes of invention (i.e., apparatus and method claims) in a single claim.

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VPI Holding Sues Key to Success Magazine For Trademark Infringement

On August 27, 2013, VPI Holding hit Key to Success Magazine with a trademark infringement lawsuit (complaint available here). VPI claims that it is the owner of, among other things, “Federal Trademark Registration No. 3,472,209 on the Principal Register for the trademark ‘SUCCESS®’ for among other things ‘magazines pertaining to the fields of professional, personal and financial achievement, and entrepreneurial management’ in Class 16” and “Federal Trademark Registration No. 1,334,275 on the Principal Register for the trademark ‘SUCCESS!®’ for ‘general interest magazines’ in Class 16.” VPI asserts that Key to Success Magazine is its direct competitor, and has adopted the mark “KEY TO SUCCESS” in connection with the sale of its magazines and publications, thereby committing trademark infringement.

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