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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Free CLE Event With N.D. Tex. Judges — June 27, 2013

Posted on June 10, 2013 by Steven Callahan

The Northern District of Texas has announced that it is offering a free CLE event. Per the Court:

All attorneys and support staff are cordially invited to attend the Annual Judiciary Appreciation Luncheon, sponsored by the Federal Bar Association and the Judiciary Committee of the Dallas Bar Association. This event will be held on Thursday, June 27, 2013, at the Pavilion of the Belo Mansion from 12:00 noon until 1:30 p.m. During the luncheon, Chief Judge Sidney A. Fitzwater will facilitate a panel discussion on “Tips for Practicing in the Northern District of Texas: A View from the Bench.” Panel members will include District Judge Sam A. Lindsay, District Judge Jane J. Boyle, Bankruptcy Judge Harlin Hale, and Magistrate Judge Irma C. Ramirez. CLE has been approved for 1.0 hour.

Although the event is free, attendees will be responsible for their own meal and parking expenses, if any. Also, preregistration is required by June 20, 2013, to ensure that every guest will have a seat. Register on the court website at http://www.txnd.uscourts.gov/index.html

This will be a great event to attend for Northern District of Texas practitioners.

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Judge Ferguson Awards $170 Million to General Electric In Patent Infringement Lawsuit After Rejecting Mitsubishi’s Inequitable Conduct Defense

Posted on June 9, 2013 by Steven Callahan

On May 28, 2013, Judge Ferguson entered a Final Judgment (available here) in the General Electric v. Mitsubishi case. The Final Judgment awarded General Electric $166.7 million in lost profits, $3.4 million in reasonable royalty damages, plus prejudgment interest.

This patent infringement case was tried to a jury last March and, on May 28, 2013, Judge Ferguson, in an extensive opinion (available here), resolved Mitsubishi’s inequitable conduct claim in General Electric’s favor.

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InVue Sues Langhong Technology For Patent Infringement

Posted on June 9, 2013 by Steven Callahan

On June 5, 2013, InVue filed a lawsuit (available here) against Langhong Technology in the Northern District of Texas. InVue asserts that Langhong infringes U.S. Patent Nos. 7,740,214; 7,629,895; 7,737,843; and 7,710,266, which claim technology relating to alarm security devices.

InVue is represented by Jason Cook of Alston & Bird.

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MoJack Hits Tuxedo Distributors With Patent Infringement Lawsuit

Posted on June 9, 2013 by Steven Callahan

On May 29, 2013, MoJack filed a patent infringement lawsuit (complaint available here) against Tuxedo Distributors in the Northern District of Texas. MoJack asserts that Tuxedo infringes U.S. Patent No. 8,448,920, which claims a small vehicle jack, through the sale of Tuxedo’s lift product.

MoJack is represented by Bryan Wick and J. Sean Lemoine, both of Wick Phillips Gould Martin, LLP.

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Magistrate Judge Ramirez Recommends that H-W Technology’s Patent Infringement Lawsuit Not Be Dismissed

Posted on June 9, 2013 by Steven Callahan

On May 28, 2013, Magistrate Judge Ramirez issued a ruling (available here) recommending that defendants’ motion to dismiss be denied. Defendants had claimed that H-W Technology’s complaint should be dismissed because its patent was allegedly invalid for combining two statutory classes of invention within a single claim. Judge Ramirez found that a court “cannot determine the indefiniteness or validity of a claim without construing the claim to determine its meaning and scope.” Because the court had not yet construed the claims of the patent, Judge Ramirez denied defendants’ motion to dismiss.

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Chief Judge Rader’s NY Times Op-Ed Piece on Patent Trolls

Posted on June 7, 2013 by Steven Callahan

Chief Judge Rader of the Federal Circuit has written an op-ed piece (available here) in The NY Times titled “Make Patent Trolls Pay in Court.” While I don’t agree with everything in the article, it’s certainly a worthwhile read to see what the Chief Judge is thinking.

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H-W Technology Sues Papa John’s in Northern District of Texas

Posted on May 27, 2013 by Steven Callahan

On May 21, 2013, H-W Technology files its lawsuit (available here) against Papa John’s. H-W claims that Papa John’s infringe U.S. Patent No. 7,525,955, titled “Internet Protocol (IP) Phone with Search and Advertising Capability.” H-W accuses “Papa John’s smartphone domain specific application which allow smartphone users to connect to an Papa John’s server, as well as the server or servers that host the Papa John’s smartphone domain specific application to allow users to complete a merchant transaction without the need to generate a voice call” of infringement.

H-W is represented by Winston Huff and Deborah Jagai, both of W. O. Huff & Associates, PLLC.

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