Motions to Dismiss Various Parts of Trademark Case Granted

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.

Motion to Dismiss or Transfer


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).

Just A Reminder That If Your Kids’ Birthday Cakes Don’t Look Like This You’re Doing Parenting Wrong. And Motion to Compel Granted on Deficiencies in E-Discovery Production

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.