Having Won Appeal, Pitt Appeals Again

2010-1155 Univ. of Pittsburgh v. Varian WD/PA 07-cv-0491 Judge Arthur Schwab Pitt appeals from the order of Judge Schwab dismissing its complaint without prejudice instead of allowing it to file an amended complaint alleging its standing to sue.  The case was just back to the district court after the Federal Circuit ruled for Pitt in [...]

And On The 15th Day It Was Too Late

2010-1143 Juniper Networks v. GraphOn Corp. ED/VA 09-cv-287 Judge Gerald Bruce Lee Defendants GraphOn et al appeal from the order of Judge Gerald Bruce Lee striking their motion for attorneys’ fees under § 285 for being late:  the motion was filed on December 10, 2009—15 days after the Clerk entered the order of dismissal.

Appealing A Stay Pending Reexamination?

2010-1142 Sorensen v. Dorman Products SD/CA 09-cv-1579 Judge Barry Ted Moskowitz Pantentee Sorensen (sometimes also spelled “Sorenson”) attempts to appeal from the Order of Judge Barry Moskowitz granting defendants’ motion to stay the case pending reexamination of patent no. 4,935,184.  The Court did deny defendants’ motions to dismiss or to transfer in favor of the [...]

Avocent Won’t Stay Quietly

2008-1564 Avocent Redmond v. Rose ElectronicsWD/WA 06-1711Judge Marsha Pechman Plaintiff Avocent Redmond appeals from the order of Judge Marsha Pechman denying its motion to stay or modify the protective order. Avocent sued Rose and others for infringing 5,884,096; 6,112,264; and 7,113,978, all related to a computerized switching system for coupling a workstation to a remotely [...]

More On Filing Under Seal In ED Texas

Following our recent post on filing documents under seal in the Eastern District of Texas, ED Texas attorney, blogger and expert Michael Smith of EDTexweblog.com posted some comments as well as providing background on the process. I ask Michael if I could re-publish it as a post so that everyone could get the benefit of [...]

Some Like It Easy: Filing Under Seal, ED Texas Style

I used to represent several broadcast and print journalists, often heading off to some state courthouse to remind the local judge about the First Amendment and this country’s great tradition of open courts, open proceedings, and open records.  It seemed that someone always wanted to keep inquisitive eyes off some judicial event–perhaps legitimately to maintain [...]

Ignoring Italian Arbitration Proves Costly To Innovative Designs

2008-1387 R.M.F. Global v. CattanWD/PA 04-cv-0593 Declaratory judgment plaintiff Innovative Designs appeals from Judge Arthur Schwab’s order confirming the Italian Arbitration Association’s ("IAA" or, when in Italy, "AIA") award to Eliotex/Cattan of approximately $4.1 million plus over €200,000 in arbitration and attorney’s fees. Plaintiffs were the exclusive agents for defendants with rights to defendants’ patent, [...]

McZeal’s Sprint Complaint Dismissed–Again

2008-1374 McZeal v. Sprint/NextelSD/TX H-06-1775 Alfred McZeal appeals from Judge Lynn Hughes’s Order dismissing his Complaint against Sprint/Nextel.  McZeal’s Complaint had been previously dismissed, but that was reversed and remanded by the CAFC. McZeal acts pro se and has, well, a zeal for filing lawsuits.  He has filed numerous (at least 19) lawsuits and bankruptcies [...]

Sollami Seeks Review Of Stay Pending Reissue

2008-1345 Sollami Co. v. KennametalWD/PA 06-cv-62 Plaintiff Sollami appeals from Judge Arthur Schwab’s order staying the case pending completion of the reissue proceedings involving one of the patents-in-suit. Sollami sued Kennametal in January 2006 on 6,371,567; 6,585,326 and 6,585,327, generally directed to bit holders and blocks for road milling, mining and trenching equipment.  Just prior [...]