Motion for Stay Pending TTAB Proceeding Denied
Yes, TTAB. Judge Jordan denied the defendant’s motion to stay proceedings in this trademark infringement case pending the resolution of related cancellation actions.
Legal Topics
Motion To Enlarge Time To Serve
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.
Motion To Stay Pending Ruling On Motion To Dismiss
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.
Motion to Stay Denied / Motion to Dismiss Granted in Houston Patent / Copyright Case
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.
Substituted Service Granted In Case Of Likely Evasion
In a situation with all the hallmarks of defendants attempting to avoid service, Judge Sean Jordan granted a motion for alternative service.
Motion To Disqualify Expert
Judge Hanen denied the plaintiff’s motion to disqualify a defense expert due to her prior work testing products which included the testing of products by the plaintiff.
Disagreements About Compliance With Discovery Order
The parties disagreed over whether a party had complied with a prior discovery ruling. Judge Albright concluded that the party had complied with court’s order by providing a witness prepared to testify about certain subjects, and denied the request for additional document production.
Motion To Exclude “Copyrightability” Expert
Judge Horan granted the motion to exclude some of the defendant’s expert’s opinions, and part of the defendant motion to exclude portions of the plaintiff’s experts’ testimony.
Motion To Sever And Stay Customer Suits
Judge Albright granted the defendants’ motion to sever and stay the proceedings against them, finding that the customer-suit exception applied – and the traditional stay factors were met as well.
Motion To Declare Case Exceptional And Award Attorneys Fees
Judge Gilstrap denied the motion, finding that the plaintiff’s opposition to a motion to stay was not objectively unreasonable, and that the petitions it filed with the U.S. Supreme Court and before the PTAB were not frivolous or filed in bad faith.