Motion For Summary Judgment Granted In Part

This complex order addressed motions for complete and partial summary judgment, as well as a motion to partially stay the case and to strike portions of an expert’s opening report.  The case was stayed as to all the asserted claims of two of the patents, the motion to strike portions of the expert report was granted, and the motions for summary judgment were granted in part and denied in part.

Defendant’s Motion for Summary Judgment in Trademark/Unfair Competition Case Granted in Part

Judge Rodriguez (shown cutting the ribbon on the new San Antonio federal courthouse last summer) found genuine disputes of material fact as to the trademark and unfair competition claims, but dismissed the plaintiff’s claims for false advertising, false designation of origin, violations of the ACPTA and unjust enrichment with prejudice.

Plaintiff’s Motion To Dismiss Granted With Prejudice; Defendant’s Motion For Summary Judgment of Noninfringement Denied As Moot

One of my favorite sayings is Gerry Spence’s to the effect that “when the horse dies, get off.”  But in a lawsuit, it’s not always that simple.  Judge Gilliland noted that the issue before him was how to dismiss the defendant from the case without prejudice , with prejudice, or by summary judgment of noninfringement.

Order Granting Summary Judgment In Part on Claims in Trademark Case

Judge Crane determined that the defendants could amend their Answer, and were entitled to summary judgment on Plaintiff’s trademark dilution claims.  He also held that one defendant was entitled to judgment on Plaintiff’s state law unfair competition claim, and that the Plaintiff was entitled to judgment on some of Defendants’ defenses.