Judge Lynn Denies Patentee’s Motion to Limit Defendants’ Non-Infringement and Invalidity Defenses

On December 5, 2012, Judge Lynn denied Good Technology Corp.’s motion to limit Defendants’ non-infringement and invalidity defenses (Order available here). Judge Lynn noted that she would not consider defenses raised as to unasserted claims, and that, “[i]f any of the remaining defenses are invalid, Good should move for summary judgment as to them.”

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Magistrate Judge Horan

Magistrate Judge David Horan is the Northern District’s newest Magistrate Judge, having taken the bench in late 2012. Prior to his selection as a Magistrate Judge, Judge Horan was a partner with Jones Day’s Dallas office.

Judge Horan granted in 1996 from the University of Notre Dame (B.A. in Government and Philosophy, summa cum laude; Phi Beta Kappa) and received his J.D. from Yale Law School in 2000. At Yale, Judge Horan was the Book Reviews Editor on the Law Journal.

At Jones Day, Judge Horan focused on appellate litigation and analyzing and briefing complex issues before federal and state courts at all levels. He conducted oral arguments before the United States Supreme Court (Gould v. United States), federal and state courts of appeals, and federal trial courts. He led Jones Day’s Issues & Appeals Practice in its Dallas office, and was named a Texas Super Lawyers “Rising Star” from 2005-2012.

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Hunter Douglas Hits Bollen Resources With Patent Infringement Lawsuit

On November 20, 2012, Hunter Douglas filed a patent infringement lawsuit (complaint available here) against Bollen Resources in the Northern District of Texas. Hunter Douglas alleges that Bollen Resources infringes its patents relating to windows.

Hunter Douglas is represented by Vincent Allen of Carstens & Cahoon; and Sterling Brennan and Chad Nydegger, both of Workman Nydegger.

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Aeritas Sues Cinemark USA for Patent Infringement in Northern District of Texas

On November 19, 2012, Aeritas filed its patent infringement lawsuit (complaint available here) against Cinemark USA in the Northern District of Texas. Aeritas claims that Cinemark infringes U.S. Patent Nos. 7,706,819 and 8,055,285, through the sale of IPhone and Android applications that allow users to find Cinemark theatres via GPS and to purchase movie tickets, among other things.

Aeritas is represented by David Judson, of the Law Office of David H. Judson.

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Wright Sues TricPlate and Ghostplate for Patent Infringement

On November 15, 2012, Michael Wright filed a lawsuit against TricPlate and Ghostplate in the Northern District of Texas alleging patent infringement (complaint available here). Wright alleges that defendants infringe U.S. Patent Nos. 6,556,337 and 6,714,340 through their sale of license plate covers that obfuscate the content on a license plate.

Wright is represented by Warren Norred, of Norred Law, PLLC.

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Trinity Technical Group Sues Siemens Industry In Northern District of Texas

On November 14, 2012, Trinity Technical Group filed its complaint (available here) against Siemens Industry. Trinity alleges that Siemens infringes U.S. Patent Nos. 8,086,346 and 8,331,667, which claim technology relating to the handling of mail that is “undeliverable as addressed.” Trinity also asserts that Siemens misappropriated Trinity’s technology and engaged in unfair competition, civil theft, and fraud with respect to its actions involving Trinity and Trinity’s technology.

Trinity is represented by Sydney Hewlett, Christopher Lyster, Patrick Richter, all of Shannon, Gracey, Ratliff & Miller, L.L.P.

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Wildcat Sues Wizards of the Coast for Patent Infringement

On November 1, 2012, Wildcat Intellectual Property Holdings filed a lawsuit (complaint available here) in the Northern District of Texas against Wizards of the Coast. Wildcat claims that Wizards infringes Wildcat’s U.S. 6,200,216, which claims technology relating to electronic trading cards, through the sale of Wizards’ Magic: The Gathering Online.

Wildcat is represented by Darrell Dotson, Gregory Love, Scott Stevens, and Todd Brandt, all of Stevens Love; Stafford Davis, of The Stafford Davis Firm, PC; and Kirk Pittard and Leighton Durham III, both of Kelly, Durham & Pittard, LLP.

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NexPay Sues StoneEagle Services for Declaratory Judgment in Patent Infringement Lawsuit

On October 31, 2012, NexPay hit StoneEagle Services with a declaratory judgment patent infringement lawsuit in the Northern District of Texas (complaint available here). StoneEagle had alleged that NexPay was infringing U.S. Patent No. 7,792,686. NexPay claims that StoneEagle had, in another lawsuit pending in the Northern District of Texas, sought leave to amend its complaint to add NexPay as a new defendant in that lawsuit. Hence, NexPay filed its own declaratory judgment lawsuit.

NexPay seeks a declaratory judgment of non-infringement of StoneEagle’s patent.

NexPay is represented by Leon Carter, Robert Arnett II, Sean Hamada, and Joshua Bennett, all of Carter Stafford Arnett Hamada & Mockler PLLC.

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Northern District of Texas Officially Announces That David Horan Is Newest Magistrate Judge

As we first reported last September, David Horan (formerly a partner at Jones Day in Dallas) has been selected as the Northern District of Texas’ newest magistrate judge. The Northern District of Texas has now officially confirmed this in a news release (available here).

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Microsoft Files Copyright/Trademark Infringement Lawsuit In Northern District of Texas

On October 29, 2012, Microsoft hit Price Right Computers with a lawsuit (available here) alleging that Price Right “engaged in copyright and trademark infringement; false designation of origin, false description and representation; and unfair competition.” Microsoft alleges that Price Right illegally “advertised, marketed, installed, offered and distributed unauthorized copies of Microsoft software after Microsoft warned [it] of the consequences, infringing Microsoft’s copyrights, trademarks and/or service mark.”

Microsoft is represented by William Maxwell of Perkins Coie LLP.

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