Fifth Circuit Rejects NRA’s Challenge To Federal Law Banning Sale Of Handguns By Federal Dealers To 18-21 Year Olds

Posted on November 11, 2012 by Steven Callahan

On October 25, 2012, the Fifth Circuit upheld Judge Cummings’ decision that rejected the National Rifle Association’s attempt to invalidate the federal law that bans the sale of handguns by federal dealers to 18-21 year olds. A copy of the Fifth Circuit’s decision is available here.

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Judge Means Issues Sanctions For Violation of Protective Order in PAR Systems v. IPhoton Solutions

Posted on October 21, 2012 by Steven Callahan

On October 17, 2012, Judge Means entered an Order (available here) sanctioning defendants for their counsel’s admitted (albeit inadvertent) violation of the Court’s protective order. Judge Means rejected plaintiffs’ suggested sanction: granting plaintiffs a royalty-free license with plaintiffs later paying a royalty to defendants for the use of the moveable-beam patent. Judge Means found that this requested sanction was “akin to a death-penalty sanction[.]” Instead, Judge Means agreed with defendants’ suggested sanction: a covenant not to sue plaintiffs for any product falling within the scope of the moveable-beam claims submitted by defendants’ counsel in October 2011, but which did not fall within the claims as originally filed, and with respect to plaintiffs’ products that were described in confidential material produced under the Court’s protective order.

Judge Means also awarded reasonable attorneys’ fees and expenses incurred by plaintiffs in seeking sanctions for the admitted protective-order violation. Plaintiffs requested approximately $150,000 in attorney’s fees (comprised of, among other things, fees associated with 210 hours preparing the original motion for sanction and reply brief). Judge Means rejected this amount, finding that it was excessive. Instead, Judge Means awarded approximately $54,000 in attorney’s fees, and defendants and its counsel were ordered to pay this amount, jointly and severally.

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Lakehouse.com Sues LakeSearcher.Com For Copyright Infringement

Posted on October 21, 2012 by Steven Callahan

On October 18, 2012, Lakehouse.com filed a lawsuit (available here) against LakeSearcher.com, asserting that LakeSearcher.com published the content and design of the Lakehouse.com website under the LakeSearcher.com domain name.

Lakehouse.com is represented by David Joeckel, Jr., of the Joeckel Law Office; and Howard Rosenstein of the Law Office of Howard M. Rosenstein.

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John Perez Graphics Sues Green Tree Investment Group in Northern District of Texas

Posted on October 21, 2012 by Steven Callahan

On October 18, 2012, John Perez Graphics & Design filed its lawsuit (available here) against Green Tree Investment Group for copyright infringement. The lawsuit asserts that Green Tree used John Perez’s registered work (entitled “Eagle Ford Shale Road Sign Graphic”) to advertise products on Green Tree’s website.

John Perez is represented by Steven Washam of Harper Washam LLP.

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Helen of Troy Files Patent Infringement Lawsuit Against Dexas International

Posted on October 21, 2012 by Steven Callahan

On October 17, 2012, Helen of Troy filed a lawsuit (available here) against Dexas International in the Northern District of Texas. Helen of Troy claims that Dexas infringes U.S. Patent No. 6,018,883, titled “Brake Device for Drying Foods,” through the sale of Dexas’ salad dryer known as the “Turbo Fan Salad Spinner-Dryer.”

Helen of Troy is represented by Roderick Williams, James Warriner, Steven Schortgen, and Jennifer Ayers, all of K&L Gates LLP.

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Long Range Sues HME Wireless For Patent Infringement

Posted on October 21, 2012 by Steven Callahan

On October 16, 2012, Long Range Systems filed a lawsuit (available here) against HME Wireless in the Northern District of Texas. Long Range claims that HME Wireless infringes U.S. Patent Nos. 6,542,751 and 7,062,281, both entitled “Multi-Mode Paging System,” through its SmartCall SMS system.

Long Range Systems is represented by J. David Cabello and Russell Wong, both of Wong, Cabello, Lutsch, Rutherford & Brucculeri, L.L.P.

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Syneron Medical Hits EndyMed With Patent Infringement Lawsuit

Posted on October 21, 2012 by Steven Callahan

On October 12, 2012, Syneron Medical filed its lawsuit (available here) against EndyMed in the Northern District of Texas. Syneron claims that EndyMed infringes U.S. Patent Nos. 6,148,232 and 6,711,435, through the sale of its fractional skin resurfacing products (among other products).

Syneron is represented by Vic Henry, Lane Fletcher, and Katherine Knight, all of Henry Oddo Austin Fletcher, PC; and Gerson Panitch, Anand Sharma, and Cecilia Sanabria, all of Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P.

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Judge Lynn Orders Patent Holder To 10 Asserted Claims

Posted on October 19, 2012 by Steven Callahan

On October 18, 2012, Judge Lynn issued an Order in Visto Corp. d/b/a Good Technology v. Little Red Wagon Technologies Inc. (Order available here) limiting the patent holder to 10 asserted claims. The Order reads in relevant part:

Visto Corporation Corporation d/b/a Good Technology (“Good”) initially alleged that Defendants infringed fifty-eight claims across five patents. Defendants moved this Court to limit the number of claims asserted to no more than ten. After the parties briefed the Motion, Good withdrew twenty-three of the fifty-eight claims.

The Court ORDERS Good to further reduce the number of asserted claims to no more than ten. After the Markman hearing, however, Good may assert additional claims, and Defendants may assert defenses as to those additional claims, upon a good cause showing that they raise novel, non-duplicative issues of infringement or validity.

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The Color Factory Sues Intercos for Patent Infringement

Posted on October 7, 2012 by Steven Callahan

On September 28, 2012, Cosmetic Group d/b/a The Color Factory hit Intercos America, Inc. with a patent infringement lawsuit (available here) filed in the Northern District of Texas. The Color Factory claims that Intercos infringes U.S. Patent No. 8,025,266 through the sale of its “hot pour” cosmetic products made by the process patented in the ’266 patent.

The Color Factory is represented by Kenneth Glaser and Terrell Miller, both of Gardere Wynne Sewell L.L.P.

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Patent Multidistrict Litigation CLE to be Held at SMU on November 28, 2012

Posted on October 7, 2012 by Steven Callahan

TexasBarCLE and SMU are co-sponsoring a half day CLE titled Patent Multidistrict Litigation in the Wake of the America Invents Act. The CLE’s brochure is available here. Judge Davis and Judge Gilstrap, from the Eastern District of Texas, will speak, as will Judge Godbey, Judge Ferguson, and Judge Lynn, from the Northern District of Texas.

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