Decapolis Claim Construction Sweep against Athenahealth, eClinicalWorks, and Others

(March 22, 2022, Waco, TX)  Preliminary Claim Construction went to the Plaintiff in five currently pending cases in the Western District of Texas.   Plaintiff Decapolis Systems, LLC is represented by Scott Fuller, René Vazquez, Chris Honea, and Randall Garteiser, from Garteiser Honea, PLLC, an intellectual property litigation boutique headquartered in Tyler, Texas.   Athenahealth, Inc. is represented by Andrew Pearson, Christopher R. Dillon, Philip K. Chen, and David...

Garteiser Honea wins against Winston & Strawn

(March 8, 2022, Marshall, TX)  Judge Roy S. Payne gave a claim construction win to Plaintiff Transcend Shipping Systems, LLC in their case against Zim Integrated Shipping Services, Ltd., Case 2:21-cv-00108-JRG-RSP.  See the full order here. Zim Integrated Shipping Services was represented by Rex Mann, Ahtoosa Dale, and Richard Thaddeus McCarty of Winston & Strawn. Plaintiff Transcend Shipping Services was represented by René Vazquez, accompanied by Chris Honea, Randall Garteiser, and...

PNC Bank’s Fish & Richardson loses Motion to Dismiss against Mirror Imaging & GH

(January 26, 2022, Waco, TX)  Judge Albright today denied a Motion to Dismiss filed by PNC Bank in Mirror Imaging, LLC v. PNC Bank, N.A., Case 6:21-cv-00518-ADA.   The Motion was a Rule 12(b)(6) Motion to Dismiss based on patent ineligibility under 35 U.S.C. § 101 and collateral estoppel.  In other words, defendants said the case should be dismissed becuse the patents shouldn’t have been granted in the first place because their inventions are unpatentable.  Those inventions...

Judge Sees through Defendants’ Discovery Shenanigans in Cellspin cases

(December 8, 2021, San Francisco)  Today, Garteiser Honea nabbed another win against Defendants on behalf of their client Cellspin Soft, Inc.  Defendants had previously asked for specific documents that came up during a deposition, which requested documents, to avoid motion practice, Cellspin provided.  But after reviewing these documents, Defendants, led by the law firm of Desmarais LLP, attempted to use the pretext of an unrelated Court Order to preclude Cellspin from using the very...

Garteiser Honea wins Motion to Enforce Settlement

(August 23, 2021, Waco, TX)  Judge Albright today denied Renesas Electronics’ Motion to Enforce Settlement Agreement in Teleputers, LLC vs. Renesas Electronics America Inc. and Renesas Electronics Corporation, Case 6:20-cv-00599-ADA.   Judge Albright wrote: The parties agreed to a principal amount to settle the underlying litigation and then jointly moved the Court for a stay on or about October 7, 2020. See Dkt. No. 14. Counsel for Teleputers made it clear at the outset of the...

Appeals Court Quickly Denies Freelancer ‘Emergency’ Motion to Stay

(June 16, 2021 – Washington DC)  This morning a three-judge appellate panel at The Court of Federal Claims this morning denied Freelancer Limited’s Petition for Writ of Mandamus in 21-151-LM, titled In re: Freelancer Limited, as well as denying the underlying Motion to Stay pending resolution of the Motion to Dismiss GreatGigz Solutions, LLC v. Freelancer Limited, 6:20-cv-00738-ADA, currently pending in The Western District of Texas with Judge Alan Albright. The full order can be...

Nike, Fitbit/Google, Under Armour Fail against Inventor Cellspin Soft

(April 14, 2021 – Oakland, CA) Judge Yvonne Gonzalez Rogers of the Northern District of California has denied a concerted attempt to invalidate an inventor’s patents by a force comprised of Fitbit, Inc., Moov, Inc., Nike, Inc., Under Armour, Inc., Fossil Group, Inc., Misfit Inc., Garmin International, Inc., Garmin USA Inc., Nikon Inc., and Nikon Americas, Inc. According to Bloomberg Law, Cellspin Soft, Inc., with a team led by Garteiser Honea’s Scott Fuller and Randall...

Apple, Inc.

lost its Motion to Stay in NavBlazer, LLC v. Apple, Inc, Case Case 6:20-cv-00085-ADA, on July 29, 2020.  Apple wanted to stay the case pending resolution of its earlier Motion to Transfer to the Northern District of California.  The Judge was unconvinced and responded quickly, denying the motion.  Apple was represented here by Alan Littmann, Doug Winnard, Michael Pieja, and Samuel E. Schoenburg of Goldman Ismail Tomaselli Brennan & Baum LLP, supported by J. Stephen Ravel of Kelly Hart...

Dell loses Motion to Dismiss for Res Judicata

(March 25, 2019 – Tyler, Texas) Judge Jeremy D. Kernodle denied Dell’s Motion to Dismiss under Rule 12(b)(6) for Res Judicata in TXED 6:18-cv-0138, consolidated into 6:18-cv-0030, Dkt 158.   Res Judicata (literally, ‘a thing judged’) is an argument that the question at hand has already been decided previously.  In this case, Dell was asserting that Cypress Lake Software’s previous and successful lawsuit against Dell over certain products running Windows 10...

Garteiser Honea wins one more as Judge Denies Motion to Transfer HP

(June 27, 2018 – Tyler, Texas) Today, Garteiser Honea won a key victory for its client against HP, Inc., represented by Jones Day in an attempt to move venue to the N.D. Cal in TXED 6:17-cv-0462 Dkt. 30, consolidated as 6:17-cv-0300-RWS, Dkt. 91. Hewlett-Packard had a sufficient presence in the Eastern District of Texas such that the court ruled it was “clearly not more convenient to move the case to the Northern District of California.” In his ruling, Judge Schroeder did not put any...

Audible Magic’s Motion to Strike Infringement Contentions Denied

(January 12, 2015 – Tyler, Texas) Judge Caroline Craven denied Defendant Audible Magic’s Motion to Strike Plaintiff Blue Spike, LLC’s preliminary infringement contentions. Blue Spike, LLC v. Texas Instruments, et al., 6:12-cv-499-MHS-CMC, Dkt. No. 1898. Plaintiff Blue Spike, LLC served preliminary contentions in February of 2014 and upon request of Defendant Audible Magic, amended those infringement contentions to respond to alleged deficiencies. Defendant Audible Magic filed a motion to...

Audible Magic

was denied its opposition to Blue Spike’s Motion to Extend Deadline to Respond by Magistrate Judge Caroline M. Craven in Blue Spike LLC v Texas Instruments, et al., Case No. 6:12-cv-00499-MHS, Dkt 1736, on September 4, 2014. Garteiser Honea PLLC represents Blue Spike. Audible Magic is represented by Alyssa Caridis, Christopher J. Higgins, Gabriel M. Ramsey, I. and Neel Chatterjee of Orrick Herrington & Sutcliffe; Eric Hugh Findlay and Walter Wayne Lackey of Findlay Craft; James V....

Cognitec Systems Corp

and Cognitec Systems GmbH, with counsel Dwayne Goetzel, Ryan Beard, and Willem Schuurman of Meyertons, Hood, Kivlin, Kowert, & Goetzel, P.C., were denied their Motion to Dismiss Claims of Infringement in Blue Spike LLC v. Texas Instruments, Case No. 6:12-cv-499-MHS-CMC, Dkt. 1645, on July 22, 2014.  Blue Spike was represented by Garteiser...

Clear Channel

represented by O’Melveny and Myers LLP against Blue Spike LLC’s Garteiser Honea, was denied in its Motion to Transfer Venue to the Southern District of New York in Blue Spike LLC v. Texas Instruments, Case No. 6:12-cv-499-MHS-CMC, Dkt. 1623, on July 2, 2014.  Magistrate Judge Caroline M. Craven wrote “On balance, the Court does not find Clear Channel has established that the Southern District of New York is a clearly more convenient...

The US Government

was denied its Motion to Reduce Asserted Claims from 80 to 32 in Blue Spike LLC v. The United States, Case No. 1:13-cv-419-EJD, Dkt. 40, (CFC Apr 07, 2014).  Judge Edward J. Damich wrote “The Court agrees with Blue Spike’s argument that it could be prejudiced by limiting its asserted claims without a complete picture of the facts,” defined as before “claim-construction discovery is complete.”  Blue Spike is represented by Garteiser...

Cognitec Systems GmbH

represented by Meyertons Hood, lost to Garteiser Honea, representing Blue Spike LLC, in a Rule CV-26(e) “hotline” hearing before Magistrate Judge Roy S. Payne as to whether Cognitec was justified in producing certain documents in redacted form during jurisdictional discovery. The Court heard argument from the parties and ordered that unredacted versions of the documents be produced by the end of the day, exactly as requested by Garteiser Honea. Blue Spike LLC v Texas Instruments, et...

Last.fm

has lost its Motion to Dismiss for lack of personal jurisdiction and venue against Blue Spike LLC, represented by Garteiser Honea, in Blue Spike LLC v Texas Instruments, et al., Case No. 6:12-cv-00499-LED, Dkt. 1385 (E.D. Tex Mar 31, 2014).  Last.fm was represented by Weil Gotshal & Manges of Redwood...

Audible Magic

was denied its Motion to Transfer to the Northern District of California in Blue Spike LLC v Texas Instruments, et al., Case No. 6:12-cv-00499-LED, Dkt. 1369 (E.D. Tex Mar 18, 2014).  Blue Spike is represented by Garteiser...

MorphoTrak / Safran

lost its Motion to Transfer, having “failed to satisfy their burden of showing this suit could have been originally filed in the Central District of California,” in Blue Spike LLC v Texas Instruments, et al., Case No. 6:12-cv-00499-LED, Dkt. 1352 (E.D. Tex Mar 14, 2014).  Blue Spike LLC is represented by Garteiser...

L-1 Identity Solutions / MorphoTrust

lost its Motion to Transfer “for the convenience of the parties” to New Jersey in Blue Spike LLC v Texas Instruments, et al., Case No. 6:12-cv-00499-LED, Dkt. 1353 (E.D. Tex Mar 14, 2014).  Blue Spike LLC is represented by Garteiser...

Cognitec Systems Corporation

lost its Motion to Dismiss, The Honorable Michael H. Schneider ruled in Blue Spike LLC v Texas Instruments, et al., Case No. 6:12-cv-00499-MHS (E.D. Tex. March 6, 2014).  Garteiser Honea PLLC represents Blue Spike.  The order immediately followed the denial of Cognitec Systems GmbH’s Motion to Dismiss in the same case.  Meyertons, Hood, Kivlin, Kowert & Goetzel, P.C. filed both motions denied by the...

Tygart Technologies

has agreed to a settlement and licensing agreement with Blue Spike LLC, represented by Garteiser Honea, in Blue Spike LLC v Texas Instruments, et al., Case No. 6:12-cv-00499-LED (E.D. Tex Jan 16, 2014).  Tygart Technologies was represented by Spilman, Thomas & Battle, PLLC and Potter Minton,...

Broadcast Music, Inc. (BMI)

along with Landmark Digital Services LLC, have agreed to a settlement and licensing agreement with Blue Spike LLC, represented by Garteiser Honea, in Blue Spike LLC v Texas Instruments, et al., Case No. 6:12-cv-00499-LED (E.D. Tex Jan 21, 2014).  BMI and Landmark were represented by Fulbright & Jaworski...

The US Government

was denied in their Motion to Stay by Judge Edward J. Damich in the case Blue Spike LLC v. The United States, Case No. 1:13-cv-419-EJD (CFC Nov 16, 2013).  Blue Spike was represented by Garteiser Honea...

DigitalPersona

has agreed to a settlement and licensing agreement with Blue Spike LLC, represented by Garteiser Honea, in Blue Spike LLC v Texas Instruments, et al., Case No. 6:12-cv-00499-LED (E.D. Tex Oct 22, 2013).  DigitalPersona was represented by Kilpatrick Townsend & Stockton LLP and Potter Minton,...

Free Stream Media

has agreed to a settlement and licensing agreement with Blue Spike LLC, represented by Garteiser Honea, in Blue Spike LLC v Texas Instruments, et al., Case No. 6:12-cv-00499-LED (E.D. Tex Oct 22, 2013).  Free Stream Media was represented by Friedman, Suder &...

Rovi

has agreed to a settlement and licensing agreement with Blue Spike LLC, represented by Garteiser Honea, in Blue Spike LLC v Texas Instruments, et al., Case No. 6:12-cv-00499-LED (E.D. Tex Jun 19, 2013).  Rovi was represented by Farella Braun + Martel...

Enswers

has agreed to a settlement and licensing agreement with Blue Spike LLC, represented by Garteiser Honea, in Blue Spike LLC v Texas Instruments, et al., Case No. 6:12-cv-00499-LED (E.D. Tex Jun 18, 2013).  Enswers was represented by Rice & Saito LLP, Durie Tangri, and Potter Minton,...

Suprema

has agreed to a settlement and licensing agreement with Blue Spike LLC, represented by Garteiser Honea, in Blue Spike LLC v Texas Instruments, et al., Case No. 6:12-cv-00499-LED (E.D. Tex Jun 18, 2013).  Suprema was represented by Baker & McKenzie...

Cognitive Networks

formerly TV Interactive Systems, has agreed to a settlement and licensing agreement with Blue Spike LLC, represented by Garteiser Honea, in Blue Spike LLC v Texas Instruments, et al., Case No. 6:12-cv-00499-LED (E.D. Tex May 29, 2013).  Cognitive Networks was represented by Perkins Coie...