Motion To Dismiss Patent Infringement Case Denied
Judge Pitman denied the Twiqbal motion, fiunding that the plaintiff plausibly alleged a case of infringement.
Legal Topics
First-To-File Means Transfer
This is a trademark dispute in which Judge Ellison decided that the defendants motion to transfer should be granted to the first-filed court, here the WDTX. If you’re looking for an explication of the “first-to-file” rule, look no further.
Recommended Rulings On Summary Judgment Motions
This is a gray- goods trademark infringement case. The court recommended denying the defendants motion for summary judgment, and granted the plaintiffs in part.
The Sound of Sanctions
Judge Mazzant granted the prevailing plaintiff’s application for profits, attorneys fees and costs, arising out of the defendant’s violation of the injunction against improper listings of cer-tain guitars. The court’s ruling has some helpful analysis on attorney’s fees.
Sua Sponte Transfer
Judge Pittman denied this trademark defendant’s motion to dismiss for lack of personal jurisdiction, but sua sponte transferred the case to CDCA anyway.
Motion For Additional Discovery Denied
This discovery order doesn’t contain the court’s reasoning, but the order is worth reading anyway because the parties present such diametrically opposed positions on whether discovery should be reopened on an issue, and the court clearly felt that under the facts presented it should not be – which included a broader context for the scheduling issues presented in the case.
Plaintiff’s Motion To Stay Pending IPR Denied
Judge Albright denied the plaintiff’s motion to stay the case pending resolution of its IPRs against the defendant, finding that none of the factors weighed in favor of a stay.
Motion for Stay Pending IPR Denied
Judge Albright denied the motion to stay, finding that none of the factors weighed in favor of a stay.
Motion To Dismiss Waco Division Patent Infringement Claims Under Section 101 Granted
allocation” in order to keep plaintiffs from filing in single-judge divisions. The random assignment of all civil cases across the Northern District “would present logistical challenges” Judge Godbey continued, because of the huge geographic size of the district, which encompasses more than 96,000 square miles. Any reconsideration of case allocation must also consider the “convenience of the jurors, witnesses, parties and attorneys,” the travel burden on court personnel and “the desire of communities to have local judges.”
Apparently undeterred by said considerations, the chief judges of the smaller Western District of Texas (only 93,000 square miles) have assigned most of its judges south of Dallas and east of Houston a 1/12 interest, more or less, in the Waco patent docket, which meant that this Waco Division case was assigned to Judge Xavier Rodriguez of San Antonio, who last week granted a motion to dismiss the plaintiff’s claims as unpatentable subject matter.
Renewed Motion For Judgment As A Matter Of Law Denied
Judge Ezra denied the motion for judgment as a matter of law and intertwined motion for new trial in this copyright infringement case.