Judge Lynn Denies British Telecom’s Motion To Transfer In Patent Infringement Case

Posted on December 28, 2012 by Steven Callahan

On December 20, 2012, Judge Lynn issued an opinion (available here) that denied British Telecom’s motion to transfer venue in a patent infringement case brought by Comcast.

One Comcast plaintiff is a corporation organized under Delaware law with its principal place of business in Pennsylvania. One BT defendant is a Delaware corporation with its headquarters in Irving, Texas. BT sought transfer to Delaware. Judge Lynn ultimately held that none of the transfer factors weighed in favor of transfer, and therefore denied the motion.

(Judge Lynn also deferred resolution of a pending motion to dismiss for lack of personal jurisdiction until Comcast has completed jurisdictional-related discovery.)

Comcast is represented by Brian Ferrall, Benedict Hur, Edward Bayley, Leo Lam, Nicholas Marais, and Ryan Wong, all of Keker & Van Nest LLP; and William Dawson and Ashley Johnson, both of Gibson Dunn & Crutcher LLP.

BT is represented by Douglas Cawley and Jennifer Henry, both of McKool Smith; and Daniel Boehnen, Grantland Drutchas, Marcus Thymian, and Michael Borella, all of McDonnell Boehnen Hulbert & Berghoff LLP.

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Judge Kinkeade Grants Transfer Motion In Patent Infringement Case

Posted on December 28, 2012 by Steven Callahan

On December 17, 2012, Judge Kinkeade issued an order (available here) granting a motion to transfer venue to the District of New Mexico in Front Row Technologies v. MLB Advanced Media. Judge Kinkeade granted the transfer motion because there was a currently pending case in the District of New Mexico that involved the same patent family as the patent-in-suit in the Northern District of Texas case. Additionally, officers and owners of Front Row are in New Mexico.

Front Row is represented by Michael Shore, Alfonso Chan, Christopher Evans, and Eve Henson, all of Shore Chan Bragalone LLP.

MLB is represented by Alan Littmann, Brian O’Donoghue, and Joe Tomaselli, Jr., all of Goldman Ismail Tomaselli Brennan & Baum LLP.

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Clerk Of Court Karen Mitchell Issues Important Notice Regarding Funding And Potential Service Reductions

Posted on December 28, 2012 by Steven Callahan

Karen Mitchell, the Northern District of Texas’ Clerk of Court, has issued an important notice regarding the judiciary’s funding, noting that the judiciary will be required to implement emergency measures come the New Year if funding becomes subject to sequestration under the Budget Control Act of 2011. Ms. Mitchell notes that services may be disrupted in this event, and that information about any service reductions will be posted on the Court’s website in January. Ms. Mitchell’s full message can be reviewed on the Northern District of Texas’ home page.

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Federal Civil Practice Seminar To Be Held On January 29, 2013

Posted on December 26, 2012 by Steven Callahan

The 27th Annual Federal Civil Practice Seminar, “Northern District Practice Points Every Lawyer Should Know,” will be held at 11:30 a.m. at the Belo Mansion on Tuesday, January 29, 2013. The event is hosted by the Federal Bar Association, Dallas and Fort Worth Chapters, and will provide 4.5 hours of CLE credits.

There will be many notable speakers at the seminar, including Magistrate Judges Horan and Cureton, and Judges Boyle, Lynn, and Godbey.

Registration is required for the seminar, and more details can be found here.

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iLife Technologies, Inc. Sues Phillips Electronics For Patent Infringement

Posted on December 26, 2012 by Steven Callahan

On December 18, 2012, iLife Technologies, Inc. filed its lawsuit (available here) against Phillips Electronics (and several other defendants) in the Northern District of Texas. iLife claims that defendants infringe U.S. Patent Nos. 6,307,481; 6,501,386; 6,703,939; 6,864,796; 7,095,331; 7,145,461; and 7,479,890. The patents-in-suit claim technology relating to evaluating the movement of a body. iLife alleges that defendants infringe through the sale of their products and services that remotely monitor fall alert signals.

iLife is represented by Michael Wilson, S. Wallace Dunwoody, and John Torkelson, all of Munck Wilson Mandala, LLP.

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Judge Lynn Grants Leave To File Amended Complaint In Patent Infringement Case, Finds Proposed Defendant Subject To The Court’s Personal Jurisdiction

Posted on December 16, 2012 by Steven Callahan

On November 16, 2011, Judge Lynn granted plaintiffs’ motion for leave to amend complaint to join X-Body, Inc. as a defendant in plaintiffs’ patent infringement lawsuit. Judge Lynn’s thorough opinion (available here) discusses the personal jurisdiction inquiry in patent infringement cases (which is governed by Federal Circuit law), and finds that X-Body is subject to the Court’s personal jurisdiction in light of its acquisition of assets of a party to the present lawsuit.

Plaintiffs are represented by Theodore Shiells, of Shiells Law Firm P.C.

SRU Biosystems Inc. is represented by Kenneth Hill, of Hill Law Firm; and Daniel Boehnen, John McDonnell, and Joshua Rich, all of McDonnell Boehnen Hulbert & Berghoff LLP.

X-Body, Inc. is represented by Steven Bauer, of Proskauer Rose LLP.

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Cycle Stop Valves Files Patent Infringement Lawsuit In Northern District of Texas

Posted on December 16, 2012 by Steven Callahan

On December 10, 2012, Cycle Stop Valves, Inc. filed suit (available here) against Flomatic Corp., Flexcon Industries, In-Well Technologies, and KAM Enterprises. Cycle Stop claims that defendants infringe U.S. Patent No. 5,988,984, which claims technology relating to liquid control systems, and U.S. Patent No. 6,328,071, which claims technology relating to well pressure tanks.

Cycle Stop is represented by Richard Schwartz and Thomas Harkins, Jr., both of Whitaker Chalk Swindle & Schwartz PLLC.

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Applied Food Sciences Files Trademark Infringement Lawsuit Against Heartwise

Posted on December 16, 2012 by Steven Callahan

On December 10, 2012, Applied Food Sciences sued Heartwise, Inc. (complaint available here) in the Northern District of Texas. Applied Food Sciences claims Heartwise infringes Applied Food Sciences’ “GCA” trademark, which relates to nutritional supplements.

Applied Food Sciences is represented by David Henry and Russell Jumper, both of Looper, Reed & McGraw, P.C.

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Coach Sues 2Q Salon For Trademark Infringement In Northern District Of Texas

Posted on December 16, 2012 by Steven Callahan

On November 28, 2012, Coach filed a lawsuit (available here) against 2Q Salon. Coach alleges that 2Q Salon is selling imitation Coach wallets, handbags, sunglasses, and totes. Coach asserts claims for, among other things, trademark counterfeiting, trademark infringement, and copyright infringement.

Coach is represented by Natalie Arbaugh and Christopher Smith, both of Fish & Richardson P.C.

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Judge Kinkeade Transfers Patent Case Based on Forum Selection Clause

Posted on December 12, 2012 by Steven Callahan

In a thorough opinion issued on December 10, 2012 (available here), Judge Kinkeade found that a forum selection clause governed the parties’ patent infringement dispute, and ordered that the case be transferred to the Northern District of California:

In Count I, Terraspan claims that Rave is infringing on certain patents now owned by Terraspan. One of Rave’s defenses is that the license to utilize Rave Technology in the Rave Operating Agreements gives Rave a right to utilize the patents at issue in this case. Because one of Rave’s defenses is enforcement of a provision in the parties’ agreements, Terraspan’s patent infringement claim involves a right or remedy under the contract. Terraspan’s allegations in the patent infringement claim have a direct or indirect connection, link or association with the Rave Operating Agreements. The forum selection clause is applicable to Terraspan’s patent infringement claims.

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