News

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...

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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...

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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...

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Blue Spike settles with Cognitive Networks (formerly TV Interactive Systems).

(Monday, June 10, 2013 – Tyler, TX): Blue Spike recently reached another favorable settlement, this time with a major player in the media content recognition industry. Cognitive Networks has agreed to settle Blue Spike’s claims that it infringed Blue Spike’s foundational abstraction patents. Cognitive Networks, formally TV Interactive Systems, is a “market-leading content recognition service provider” that informs broadcasters what viewers are watching on their smart televisions.*...

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Garteiser Honea opens office in Tyler, Texas.

(Sunday, June 9, 2013 – Tyler, TX): Garteiser Honea announces the opening of its Tyler, TX office. The San Francisco Bay firm is pleased to expand its top-notch intellectual property and business legal services to the Texas market. Although the firm currently litigates a number of cases in Texas, it believes that an office in Tyler will only strengthen its ability to provide clients with high quality results. Both Randall Garteiser and Christopher Honea, the firm’s named partners, have...

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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...

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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...

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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...

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Artist Rides Off Satisfied with Harley-Davidson Resolution

(Sunday, October 21, 2012 – Milwaukee, WI) Just six months after free-lance artist Wayne Peterson filed a copyright infringement suit against motorcycle giant Harley-Davidson, a resolution has been reached to Peterson’s satisfaction. In Peterson’s lawsuit he contended that in 1985, Harley commissioned him to create a graphic work—the famous “Live To Ride” logo—for a one-time one-run basis on carburetor covers.  In 1991, Harley commissioned another work from Peterson for its...

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Artist Successful At Defeating Harley-Davidson’s Attempt to Dismiss IP Case

(Thursday, August 2, 2012 – Milwaukee, WI) As reported in IPLAW360 and dealernews.com, represented by Garteiser Honea, free-lance artist Wayne Peterson successfully defeated a motion to dismiss filed in a copyright infringement lawsuit against motorcycle giant Harley-Davidson Motor Company, who was represented by Finnegan, Henderson, Farabow, Garrett & Dunner, LLP and Bryan Cave LLP.   See Peterson v. Harley-Davidson Inc., et al, Case No. 2:12-cv-00381, Dkt 16 (E.D. WI July 31,...

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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....

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Lawsuit filed against Harley-Davidson for Copyright Infringement

(Wednesday, April 25, 2012  – Milwaukee, WI) Artist Wayne Peterson filed a lawsuit today against Harley Davidson for Copyright Infringement.  See 001 Complaint for Copyright Infringement against Harley Davidson. Peterson, who formerly did business as Peterson Studios Ltd., is a freelance commercial artist. From the mid 1970s to the mid 2000s, Harley-Davidson commissioned Peterson, as an independent contractor, to produce more than 600 pictorial, graphic, sculptural, and other works....

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Chris Johns Wins Complete Defense Verdict In Securities Litigation

(Sunday, March 25, 2012  – Austin, TX) Garteiser Honea’s litigator Christopher Johns won a complete defense verdict for Noble Capital in a multi-million-dollar securities fraud case. The jury found Noble not liable in a jury trial held before the Honorable Sam Sparks in the United States District Court for the Western District of Texas. The Court upheld the jury’s verdict and entered judgment in favor of the Defendants. In the case, three New York businessmen brought...

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Garteiser Honea Wins Another IP Litigation Victory

(Friday, February 24, 2012 – Marin County, CA) Garteiser Honea wins another IP Litigation victory. This time a previous CEO of a software start-up claimed that Garteiser Honea’s client, a senior software programmer, had converted the plaintiff’s alleged intellectual property into his own. Plaintiff moved for a Preliminary Injunction. Garteiser Honea wrote an excellent opposition to the Preliminary Injunction and simultaneously filed a demurrer. The Preliminary Injunction was...

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Just Days Before A TRO Hearing, Garteiser Honea Steps In To Defeat It

(Wednesday, January 11, 2012  – Marin County, CA) Plaintiff was moving for Temporary Restraining Order (TRO) to obtain an injunction against a software developer wrongly accused of stealing trade secrets. The sophisticated programmer took no chances and hired Garteiser Honea to defend him at the TRO hearing. Garteiser Honea swung into action and defeated the TRO with just five (5) days to prepare. “Our practice is identical to what we were doing at much larger litigation...

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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...

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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...

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California on Side of Sellers

(Wednesday, November 16, 2011 – Marin County, CA) CALIFORNIA LEGISLATURES CONTINUE TO CURTAIL LIABILITY OF DISTRESSED SELLERS IN SHORT SALE PROCEEDINGS — DO THEIR EFFORTS HELP YOU? There is a wide range of confusion swirling about with the recent enactment of several key pieces of legislation surrounding a seller’s resulting liability after they have completed a “short sale” of their property due to financial distress. In the 1930s California Civil Code of Procedure (CCP) 580b was...

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Business Method Patents

(Wednesday, November 9, 2011 – Marin County, CA) Definition: Business method patents are a class of patents which disclose and claim new methods of doing business. This includes new types of e-commerce, insurance, banking, tax compliance etc. Business method patents are a relatively new species of patent and there have been several reviews investigating the appropriateness of patenting business methods. Nonetheless, they have become important assets for both independent inventors and major...

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Judge Sua Sponte Dismisses Cases Making It Easier For Qui Tam Plaintiff’s To Seek Redress

(Sunday, September 25, 2011 – Marshall, TX)  Judge Ward is in the process of retiring, but before doing so, he expedited resolution of Title 35 U.S.C. Section 292 false marking cases by dismissing several of these cases without prejudice due to the recent enactment of the America Invents Act. By doing so, Judge Ward appears to advocate that the new legislation has taken away the standing of certain qui tam plaintiff who have not pled a commercial injury. The qui tam plaintiffs, known as...

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