Judge Bryson Appointed to Assist Eastern District

(Monday, December 16, 2013 – Marshall, Texas) While Congress debates the reformation of patent litigation, U.S. Circuit Judge William C. Bryson of the U.S. Court of Appeals for the Federal Circuit is back, riding the circuit in the Eastern District of Texas. See Order on U.S. Cir. Judge Bryson, Dec. 16, 2013. Chief Justice John Roberts of the Supreme Court has approved the intercircuit assignment. The general purpose of intercircuit appointments is to ease heavily burdened dockets. See...

- -
Read more

Tyler, TX Jury Protects Local Texan’s Patent Rights Against Foreign and Domestic Infringers

(Friday, November 22, 2013 – Tyler, Texas): A jury of five (5) women and two (2) men from Tyler, Texas returned a verdict for Houston-based L.C. Eldridge Sales Co., Ltd. and Leseman Davis LLC (“Eldridge”) for the full amount Plaintiff requested in L.C. Eldridge Sales Co., Ltd., et al., v. Jurong Shipyard Pte., Ltd., et al., 6:11-cv-599-MHS. Eldridge accused international defendants of copying its oil-rig exhaust system covered by U.S. patent 7,707,828 and manufacturing for, selling...

- -
Read more

Court Denies Government’s Motion to Stay

(Tuesday, November 19, 2013 – Washington, D.C.): The Court of Federal Claims came down with an order denying the U.S. Government’s motion to stay Blue Spike, LLC v. the United States, Case No. 13-419-C. Plaintiff brought suit against the U.S. under Title 28 USC §1498 for the unlicensed procurement, manufacture, and use of patented inventions as claimed in U.S. Patent Numbers 8,214,175, 7,949,494, 7,660,700, and 7,346,472. See Dkt. 010, Blue Spike’s First Amended Complaint. In...

- -
Read more

Schneider Denies Motion to Dismiss Based on Personal Jurisdiction

(Thursday, October 31, 2013 – Tyler, Texas): Judge Schneider denied a motion to dismiss based on a lack of personal jurisdiction filed by Atwood Oceanics Global Limited (AOGL) in Eldridge Sales Co., Ltd., et al., v. Azen Manufacturing PTE., LTD., et al., 6:11-cv-00599, Dkt. No. 279.  While Schneider agreed with defendant that it could not exercise “general jurisdiction” over it, the Court could exercise “specific jurisdiction.” Finding that the Defendant “us[ed] allegedly...

- -
Read more

Updates in TracBeam v AT&T Mobility

(Thursday, October 24, 2013 – Tyler, Texas): With jury selection scheduled for November 4, 2013 in TracBeam, LLC v. AT&T Mobility, LLC, today Chief Judge Leonard Davis held a hearing on Defendant AT&T Mobility’s motion for a continuance. For AT&T, Bryant Carroll Boren, Jr. of Baker and Botts’ Palo Alto Office, argued that TracBeam’s untimely supplemental expert reports presented an entirely new theory of infringement and presented a significant prejudice to AT&T.  He...

- -
Read more

Jaipuria vs LinkedIn Settlement

(Tuesday, September 27, 2013 – Tyler, Texas): Just three days before jury selection, the parties in Jaipuria, et al. v. LinkedIn, et al. have filed a Joint Notice of Resolution and Dismissal.  In February of 2011, inventors Pradeep and Amit Japuria filed a complaint for patent infringement against three companies—LinkedIn Corporation, Hoovers Inc, and Whodoyouknowat LLC. The Jaipurias, both residents and citizens of India, traveled over 8,000 miles to the Eastern District of Texas...

- -
Read more

Big Verdicts Are Back In Texas – Patent Holder Receives Delayed $113 Million

(Thursday, September 19, 2013 – Tyler, TX): A Tyler jury found Defendant Becton, Dickinson, and Co. (BD) liable against Retractable Technologies, Inc. (RTI) for $113 million. This trial put to rest a lawsuit that Plaintiff RTI initially filed in 2007. During the process of litigation, the lawsuit was bifurcated into two parts: a patent suit and an anti-trust suit. In 2009, a jury awarded RTI $5 million from BD for patent infringement, which the Federal Circuit confirmed in part and overruled...

- -
Read more

Blue Spike Settles with Yahoo! and NEC.

(Monday, March 4, 2013 – Tyler, TX): Blue Spike, LLC continues to make its mark after inking two favorable settlements with major corporations. Yahoo! and NEC Corporation, listed among the Fortune 500 and Global Fortune 500 respectively, recently agreed to settle the software company’s claims they infringed Blue Spike’s state-of-the-art abstraction patents. Blue Spike’s founder, Scott Moskowitz, is pleased with the results. Moskowitz is CEO of the Texas-based software company and the...

- -
Read more

Garteiser Honea Wins Battle to Hold Russian Patent Infringer Accountable – In Texas.

(Monday, January 14, 2013 – Marshall, Texas): Software and service provider Blue Spike, LLC successfully defended a motion to quash brought by a Russian Biometric Company, Biolink Solutions Ltd. To save its client money, Garteiser Honea researched and discovered that it could accomplish service on the company through the Texas Secretary of State. After all, the company was alleged to be selling products in Texas, and these products collect personal data on Texas residents. Here, Garteiser...

- -
Read more

Garteiser Honea Defeats Perkins Coie in Heated Arbitration.

(Saturday, November 3, 2012 – Palo Alto, CA)  An arbitrator made a determination in a contractual dispute between Garteiser Honea’s client, Exygy, LLC, and GreatNonprofits, represented by Perkins Coie.  The verdict: it’s another win for a Garteiser Honea client. The dispute arose over failure to pay on a contract for custom software development.  When GreatNonprofit’s CEO, a graduate of Harvard Law and former member of the California Bar, called in a favor with internationally...

- -
Read more

NASDAQ Faces Legal Liability for its Technical Problems with Facebook’s IPO

(Sunday, May 20, 2012 – New York, NY) According to Wall Street Journal reporters Jenny Strasburg, Jacob Bunge and Gina Chon, NASDAQ officials admitted that its system suffered technology problems that impacted trading in millions of shares of Facebook on its May 18th IPO.  “This was not our finest hour,” said NASDAQ OMX Group Chief Executive Robert Greifeld. The main problem, he said, was a malfunction in the trading-system’s design for processing order cancellations.  Id....

- -
Read more

Wage Notice Deadlines Approaching

(Thursday, December 1, 2011 – Marin County, CA) On January 1, 2012, employers in California will now be required to provide written notices to employees containing certain wage information, including, among other things, the employee’s basis of pay (e.g., hourly, weekly, salary or commission) and allowances claimed against the minimum wage as well as other information about the employer, including the employer’s name, principal place of business, telephone number and any other names...

- -
Read more

Patent Infringers Can Raise a Prior Use Defense

(Wednesday, November 16, 2011 – Marin County, CA) Under Section 5 of the American Invents Act (AIA), an alleged patent infringer can raise a prior use defense. This defense can be raised against any patent “issued on or after the date of enactment,” which is September 16, 2011. Below is the text of Section 5. Section 5 of the AIA expands prior user rights: 35 U.S.C. 273 Defense to infringement based on earlier inventor. (a) IN GENERAL.–A person shall be entitled to a defense under...

- -
Read more