Judge Means to Take Senior Status

Posted on June 30, 2013 by Steven Callahan

After almost 22 years on the Northern District of Texas bench, Judge Means will take senior status on July 3, 2013. Judge Means has handled 10,534 civil cases and has sentenced 2,300 criminal defendants. Thank you for your service Judge Means!

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Dexas Sues Progressive For Trademark Infringement In Northern District of Texas

Posted on June 30, 2013 by Steven Callahan

On June 26, 2013, Dexas, a leader in cutting boards, sued Progressive International Corp. (complaint available here) for trademark infringement. Dexas claims that Progressive infringes its CHOP & SCOOP trademark by Progressive’s “use of the mark ‘Chop and Scoop’ on a kitchen utensil that is designed to be a ‘quick way to cut and transfer food from cutting board to hot pan mess-free’.” Dexas asserts that Progressive has committed trademark infringement, unfair competition, and common law unfair competition.

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Wi-Lan Sues RIM For Patent Infringement In Northern District of Texas

Posted on June 30, 2013 by Steven Callahan

On June 25, 2013, Wi-Lan filed a patent infringement lawsuit (complaint available here) against RIM. Wi-Lan accuses RIM of infringing U.S. Patent Nos. 8,184,661 and 8,274,991, which claim technology for the transmission of data flows and controlling a contention state, through the sale of RIM’s smartphones.

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Good Sportsman Hits Hunter’s Specialties With Copyright Declaratory Judgment Lawsuit

Posted on June 30, 2013 by Steven Callahan

On June 13, 2013, Good Sportsman filed a declaratory judgment lawsuit (available here) against Hunter’s Specialties. Good Sportsman claims that Hunter’s Specialties had asserted that Hunter’s owns certain copyrights in sound recordings of animal game calls used by hunters and outdoor enthusiasts. Good Sportsman seeks a declaratory judgment of non-infringement.

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Judge O’Connor Upholds Jury Verdict of $15 Million Against Samsung In Patent Infringement Case

Posted on June 29, 2013 by Steven Callahan

On June 26, 2013, Judge O’Connor issued a thorough ruling (available here) in Summit 6 v. Samsung. A jury had earlier awarded $15 million Summit 6 in damages (writing “lump sum” on the verdict form) due to Samsung’s infringement of Summit 6’s patent.

Judge O’Connor held, among other things, that:

  • there was substantial evidence supporting the jury’s finding of indirect infringement;
  • there was substantial evidence supporting the jury’s finding that the patent-in-suit was not invalid;
  • the jury’s damages award was supported by sufficient evidence;
  • settlement agreements concerning the patent-in-suit were proper evidence;
  • the patent-in-suit was not unenforceable due to inequitable conduct;
  • the jury’s $15 million award constituted a “lump sum” damages award such that the $15 million would compensate Summit 6 for the life of the patent (i.e., there cannot be any future damages awarded to Summit 6); and
  • the pre-judgment interest rate should be calculated using the state statutory rate of 5%, compounded annually.
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Supreme Court Issues Actavis Opinion

Posted on June 29, 2013 by Steven Callahan

On June 17, 2013, the Supreme Court issued its opinion (available here) in FTC v. Actavis. The Court held that so-called “reverse payments” — i.e., payments from pharmaceutical manufacturers to generic drug manufacturers to keep the generic drug manufacturers’ products off of the market during the term of the pharmaceutical manufacturers’ patents — were not immune from antitrust attack. In other words, patent-related settlement agreements can sometimes violate the antitrust laws. The Court declined to find that reverse payment settlement agreements are presumptively unlawful.

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Taylor Publishing Company Seeks Declaratory Judgment of No Patent Infringement In Case Against CTP Innovations

Posted on June 16, 2013 by Steven Callahan

On June 13, 2013, Taylor Publishing filed a lawsuit (complaint available here) against CTP Innovations, after receiving a letter from CTP on April 19, 2013 asserting that Taylor Publishing’s technology infringes U.S. Patent Nos. 6,611,349 and 6,738,155, which claim certain printing technology.

Taylor Publishing is represented by John Jackson, of Jackson Walker L.L.P.

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Supreme Court Holds DNA is Not Eligible To Be Patented

Posted on June 16, 2013 by Steven Callahan

On June 13, 2013, the Supreme Court issued its Association for Molecular Pathology v. Myriad Genetics decision (available here). The Supreme Court held that naturally occurring DNA is a product of nature and not patent eligible merely because it has been isolated, but that cDNA (i.e., synthetic DNA) is patent eligible because it is not naturally occurring.

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Magistrate Judge Stickney Up For Reappointment

Posted on June 10, 2013 by Steven Callahan

Magistrate Judge Stickney’s current term expires on March 1, 2014. The Northern District of Texas has published a Public Notice (available here) regarding Judge Stickney’s reappointment. “Written comments from members of the bar and the public are invited as to whether the incumbent magistrate judge should be recommended by the panel for reappointment by the court.” The deadline for comments is July 19, 2013.

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Filing Fees Increased

Posted on June 10, 2013 by Steven Callahan

Effective May 1, 2013, the cost to file a civil action increased from $350 to $400. More information about fees can be found here.

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