AI says this is a picture of Flypsi in the courtroom yesterday. I’m not so sure. In any event, a Waco jury in Judge Albright’s court found the Flipper’s asserted patent claims infringed and not invalid and awarded $12 million (which was less then 10% of its bottom number).
Judge Albright’s order denied the plaintiff’s request that he reconsider his prior limine order excluding evidence of a meeting. The court’s rationale was that a meeting with Google “Ventures” was not shown to be evidence of the communication of information to Google “Voice.”
Judge Edison recommended that the defendant’s motion for summary judgment as to the plaintiff’s claims be granted on multiple grounds, and that the case be dismissed.
Following the Federal Circuit’s reversal of her grant of a preliminary injunction, on remand Judge Rosenthal set aside the entry of default and granted in part a motion to dismiss as to a defendant, copyright, trademark dilution, and trade secret claims in a case involving medical treatment. The claims for trademark infringement, patent infringement, and breach of contract remain in the case.
Halloween 2002. The last time Collin & Parker were both quiet at the same time. Much like these two cases are “staying” quiet thanks to one ruling by Judge O’Connor granting a stay under the “customer suit” exception”, and another denying a motion to lift a stay by Judge Gilstrap.
I am pleased to report that a Waco jury has determined that our oldest son is not infringing plaintiff Demaray’s patents while going about his business as a semiconductor engineer engaged in the dark arts of photolithography in Austin. Plaintiff sought $4 billion in damages.
Judge Payne recommended denial of the motion to dismiss for improper venue, finding that the defendant did have a regular and established place of business in the EDTX when suit was filed. He also recommended that the motion to transfer venue to the San Antonio Division of the WDTX be denied, finding that the defendant had not shown that that forum was clearly more convenient. (It’s unclear if this was the map of Texas that the defendant was using).
Judge Pitman stayed this Austin Division case after the defendant filed a request for IPR review.
I had a really great time participating in the SMU Tsai Center’s 20th symposium on IP Issues Friday. EDTX Judge Nicole Mitchell joined Bruce Sostek and I on Ted Stevenson’s panel on the explosion of patent litigation, and we covered the history of patent dockets in Texas since 1992.
In a scene reminiscent of any number of Star Trek episodes where the bad guys gain access to sensitive computer data, the plaintiff alleges that the defendant over-accessed plaintiff’s medical imaging systems to generate fake access credentials. The court granted plaintiff’s second motion to compel, requiring defendant to (1) provide “cross-walk” information relating a revised production to the original, (2) fix issues with production of text messages, (3) reproduce documents in the (organizational) form in which they are maintained, and (4) properly mark documents with their confidentiality designations.