A Marshall jury in Judge Gilstrap’s court returned a verdict Friday afternoon.
Judge Albright granted the motion to transfer in this case, referencing the Fifth Circuit’s recent opinion in In re Planned Parenthood for two of the relevant standards.
Yes, TTAB. Judge Jordan denied the defendant’s motion to stay proceedings in this trademark infringement case pending the resolution of related cancellation actions.
A Houston jury found that the defendant in this oilfield competitor case did not infringe any of the three asserted claims, but that the claims were not proven invalid.
Well, technically, it is an improved holster for some very, very big guns. Coincidentally that’s what this IP case dealt with. But the court denied the parties’ motion to stay pending rulings, noting that the parties hadn’t shown good cause to modify the scheduling order.
The prevailing plaintiff filed an unopposed motion seeking an additional $2.28 million in supplemental damages (damages through entry of final judgment) to add to the $31.5 awarded by the jury. Judge Gilstrap denied the motion, noting that such an award must be based on actual sales information, and not just a per diem estimate by an expert, and directed the parties to put the proposed judgment back into, um, drydock where they could work out the numbers based on actual sales – and calculate interest accurately based on those numbers.
Yes, it’s possible to have a case look as bad as the Texas’ stern. The plaintiff didn’t realize it had not served the defendant with process for seven months. Noting that there was no good cause shown for the lack of service, Judge Albright denied the motion to extend the time to serve, and dismissed the case.
The NDTX (which does not currently have a 109 year old battleship in drydock to have its blister tanks tweaked) granted a motion by the defendants to stay discovery in the case briefly while the court considers their motions to dismiss.
Just a reminder of the B-CLE live webcast at 3:00 P.M. (Central) this afternoon online to hear about the recent happenings in Texas that will impact your IP litigation. With constant changes, last month’s strategies are already outdated. Sign up HERE.
In this episode, Wayne and I will discuss:
- New Fifth Circuit Case Arguably Changing Standards for Challenging Venue Rulings — Will the Federal Circuit actually care about 5th Circuit law?
- Austin Judge Transferring Multidefendant IP Cases Sua Sponte — Can all non-Texas IP owners expect to be transferred sua sponte? Is Austin still a viable courthouse for patent cases?
- Good and Bad Ways to Handle Patent Litigation — How knowing when to give up can protect you from an award of attorneys fees.
Registration and CLE credit are complimentary.
A B-CLE account is required to register for courses. To sign-up at no charge click here.
Judge Rosenthal denied the request to stay her grant of the plaintiff’s motion for preliminary injunction, but granted the motion to dismiss the plaintiff’s copyright claims for lack of standing, as well as other claims for lack of personal jurisdiction. None of which is as interesting as the day we spent Sunday (near Houston) touring the 109 year old battleship Texas, currently in drydock to have her hull blisters nipped and tucked.