News

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...

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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...

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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...

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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...

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Cellspin Soft Challenges Denials of USPTO Director Review Under Arthrex and APA

Last week, patent owner Cellspin Soft filed a citation of supplemental authorities with the U.S. Court of Appeals for the Federal Circuit (CAFC) asking the appellate court to either vacate or reverse an order from the U.S. Patent and Trademark Office (USPTO) denying Director review following a pair of inter partes review (IPR) proceedings conducted at the Patent Trial and Appeal Board (PTAB). Cellspin Soft is challenging the USPTO’s denial as invalid both under the Administrative...

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Cellspin Soft Challenges Denials of USPTO Director Review at CAFC

Cellspin Soft Challenges Denials for Director Review at the CAFC – On Wednesday, December 1, patent owner Cellspin Soft filed a supplemental brief at the Federal Circuit asking the appellate court to vacate and remand denials for Director review of final written decisions in IPR proceedings conducted at the PTAB. Cellspin is challenging the validity of the order under the Supreme Court’s ruling in United States v. Arthrex, and for violations of the Administrative Procedures Act for...

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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...

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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...

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$173M Jury Verdict Given in East Texas Court

(Plano, Texas – April 22, 2021) An East Texas jury awarded $172.5 million today for patent infringement, indicating to Judge Mazzant and his Court that the infringement was willful.  See Dkt 460 in Wapp Tech Limited Partnership et al v. Micro Focus International PLC, 4-18-cv-00469 (EDTX 2021-04-22, Jury Verdict) (Amos L. Mazzant, III).  Judge Mazzant later indicated that this was one of the largest verdicts yet for a patent infringement case in the Sherman Division Courthouse, located in...

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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...

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Intel Must Pay $2.2B to VLSI, says WDTX Jury and Judge Albright

(March 2, 2021 – Waco, Texas) — Intel was just found making significant money off two of VLSI’s patented inventions without any regard for the inventor of those technologies and has been ordered to pay $2.18 Billion in damages.  These patents, US7,725,759, a “System and method of managing clock speed in an electronic device,” and US7,523,373, “Minimum memory operating voltage technique” were the subject of a case captioned VLSI Technology LLC v. Intel...

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Garteiser Honea announces Tom Fasone as new Partner!

(Tyler, Texas) — On October 29, 2019, IP Litigation Boutique Garteiser Honea announced that Tom Fasone III joined the firm’s ranks as a Partner. Prior to Garteiser Honea, Mr. Fasone practiced complex commercial and intellectual property litigation for over two decades at the highly acclaimed national law firm of McKool Smith and served as the first Vice President and General Counsel at a Dallas based commercial lighting technology company.   “We are elated by...

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Garteiser Honea announces Scott Fuller as new Partner!

(San Francisco, October 10, 2018) — On Wednesday, IP Litigation Boutique Garteiser Honea announced the addition of M. Scott Fuller as a new partner. Formerly a partner and co-chair of the Texas IP Litigation Practice Group at the international firm Locke Lord LLP, Mr. Fuller is a powerful addition to the already formidable group at Garteiser Honea. “We are obviously very excited to have Scott join the firm,” said co-founder Randall T. Garteiser.  “He brings many years of...

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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...

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Samsung to pay $11M to Rembrandt Wireless for Infringement of Bluetooth Patents

(Marshall, TX, March 28, 2018) – Judge Gilstrap today ordered Samsung to pay $11,111,920 to Rembrandt Wireless for infringement of two patents related to Bluetooth technology. In Rembrandt Wireless Technologies, LP vs. Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, LLC, case no. 2:13-cv-00213-JRG (EDTX), Judge Rodney Gilstrap today granted Rembrandt’s proposal to calculate royalties per-unit sold rather than Samsung’s...

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Telebrands’ Balloons of Willful Infringement are Popped by Bunch O Balloons.

(Tyler TX, November 21, 2017) — A jury verdict awarded $12.3 million to Plaintiffs Tinnus Enterprises and ZURU Ltd (collectively, “Plaintiff”) due to damages in a patent infringement case against a well known U.S. telemarketing firm, Telebrands and its subsidiary Bulbhead.com. The patent for the product “Bunch O Balloons” was originally issued on Jan. 16, 2016 in patent No. 9242749. Owner and inventor Josh Malone and ZURU’s Chief Operating Officer Anna Mowbray voiced their...

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VIZIO, Inc. & the Two Dismissal Rule

(Santa Ana CA, May 22, 2017) – While the two dismissal rule is unfortunately employed by patent and copyright infringers as a strategy to avoid a fair trial on the merits, blatant misuse of Rule 41 may move a court to deny application of the two dismissal rule. See Two Strikes and You’re ‘Out!’ – FRCP 41 & Copyright Trolls at DieTrollDie.com (accessed Nov. 8, 2017). Moreover, it may also place an infringer in the unfavorable position of trying a case before a judge who views its...

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TC Heartland May Not Affect Many Cases Filed in the Eastern District of Texas

(Washington D.C., May 22, 2017) – Today the Supreme Court issued its TC Heartland ruling. The case, TC Heartland LLC v. Kraft Foods Group Brands LLC was summarized by many in the media as significantly impacting venue, but ultimately cannot impact much at all. The question spoke to 28 U.S. Code § 1400(b), which says: (b) Any civil action for patent infringement may be brought in the judicial district where the defendant resides, or where the defendant has committed acts of...

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Google Ordered to Pay $20M to Inventors of Anti-Malware Technology used in Chrome

(February 14, 2017 – Marshall, Texas) – A jury has found Google liable for $20M in damages for infringing all claims of three anti-malware patents in their Chrome web browser. In Alfonso Cioffi et al v. Google, Inc., 2:13-cv-0103-JRG-RSP, engineers Allen Rozman and Alfonso Cioffi, both Texans, created the technology to keep internet users safe and were deemed the inventors of such by the federal Patent and Trademark Office. When Google began using it, they were forced to sue to maintain...

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Apple Could Only Win A Transfer Motion — Not a Trial

(December 15, 2016 – Marin County, California) – Is filing a transfer motion worth it?  A company’s backyard doesn’t seem like the fairest place to have a trial when the damage occurred in a another state, but that’s what happened here.  However, the people in California found Apple infringed the asserted patents, the way it would have happened in Texas. Critics say E.D. Texas juries award too much, but really they just understand property rights better than most.  Most people...

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VirnetX v Apple, Round 3. Jury votes Apple owes $302 million.

(Tyler, Texas – October 4, 2016) – VirnetX won again against Apple.  A jury calculated that technology giant Apple Inc. (NASDAQ: AAPL) owes more than $302 million in royalties to Nevada-based VirnetX Holding Corp. (NYSE: VHC) for infringing internet security patents owned by VirnetX.  Jurors in the Tyler, Texas, courtroom of Judge Robert W. Schroeder III delivered the verdict in favor of VirnetX on Sept. 30 after one week of trial. The case is VirnetX Inc., et al. v. Apple Inc.,...

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Rembrandt v Samsung Closes at $15.7 Million

(Tyler, Texas – February 26, 2016)  A jury unanimously handed down a $15.7 million verdict against Samsung in Rembrandt Wireless Technologies LP v. Samsung Electronics Co., Ltd., et al, TXED 2:13-cv-00213. The case involved two Bluetooth technologies owned by Rembrandt, US Patent Numbers 8,023,580 and 8,457,228, both of which were found “infringed” and “not invalid” by the jury. Reviewing the verdict, Judge Gilstrap found that the verdict was reasonable and...

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Samsung Also Found to be Willfully Infringing in $7M Verdict

(Tyler, Texas – February 9, 2016)  A jury handed down a $7 million verdict against Samsung on Friday, finding they willfully infringed various patents owned by Imperium IP Holdings. A finding of willfulness notably allows the Judge to increase the fine, up to triple. The case involved US Patent Numbers 6,271,884 and 6,836,290, both technologies for improving the quality of photos. The jury disagreed with Samsung’s contention that the patents were obvious, awarding Imperium $4.8...

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Post-Alice §101 Challenge Denied in Gonzalez v InfoStream

(Tyler, Texas – February 6, 2016) Judge Roy Payne today sent down a recommendation in Gonzalez v. InfoStream Group et al. (TXED 2:14-cv-00906-JRG, Docket No. 60) that producing “digital labels” is patent eligible under §101. He thus denied defendant’s Motion for Summary Judgment on those grounds. A granting of a Motion for Summary Judgment is what the public sometimes refers as the case being “thrown out.” These Motions for Summary Judgment argue that...

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Apple’s Damages in VirnetX Enhanced to $625M after Finding of Willfulness

(Tyler, Texas – February 3, 2016) It’s an infinite loop, alright. After successfully overturning a $368 million judgment in which Apple was found guilty of infringement, a jury revisited the case and found Apple to have been willful in their infringement and to have continued unabated since the earlier verdict. They reinstated and “enhanced” the damages, now $625 million, in in Apple vs. VirnetX, TXED 6:12-cv-00855-RWS. The patents in question, each belonging to...

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ContentGuard v Apple – $420,000 Bill of Costs Approved by Judge Gilstrap

(Tyler, Texas – January 20, 2016) After a successful defense, Judge Gilstrap today granted Apple’s Bill of Costs in the amount of $420,000. This came two months to the day after a jury verdict denying Plaintiff ContentGuard’s contentions in the Eastern District of Texas’s case 2:13-cv-1112. ContentGuard was represented by a team 17-deep from McKool Smith, including Samuel Baxter, Robert Cote, David Dehoney, Craig Donahue, Holly Engelmann, Shahar Harel, Seth Hasenour,...

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Chinese Smartphone ZTE Willfully Infringed Patents, East Texas Judge Says

(Tyler, Texas – Tuesday, October 13, 2015)  Federal Judge Rodney Gilstrap of the Eastern District of Texas denied an attempt by Chinese smartphone maker ZTE to have a $32 million judgement against them overturned and a new trial initiated. Judge Gilstrap said the jury did their job appropriately and effectively and were properly instructed on the law.   After deliberating less than 45 minutes, Jurors unanimously found in June that ZTE infringed all five asserted data entry claims,...

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Jury Finds Apple Infringes Another Patent, This Time Approaching $900M

(Tyler, Texas – Monday, October 12, 2015, Columbus Day)  A federal jury decided that Apple’s iPhones and iPads infringe on a University of Wisconsin Alumni Research Foundation patent, central to the devices’ A7, A8, and A8X processors.  Judge William M. Conley said that Apple’s licensing fees and other damages could total as much as 862 million dollars.   Apple’s stock has fallen close to 2% since the announcement.  Overall AAPL has fallen 18% in the last...

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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...

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