SOUTHEAST TEXAS RECORD

Davis In Network-1 Security Solutions, Inc. v. Alcatel-Lucent USA Inc., et al., a recent case from the Eastern District of Texas, U.S. District Judge Leonard E. Davis granted-in-part Defendants' Motion to Dismiss with respect to plaintiff's allegations of indirect infringement.

On March 2, the Eastern District of Texas introduced on its website a Model Order Regarding E-Discovery in Patent Cases along with amendments to its local rules.

In Secure Axcess LLC v. Bank of America Corp., et al., after a consideration of the totality of the circumstances, Judge Davis found that defendant ING Bank was not the alter ego of Defendant ING Direct Bancorp.

In a recent decision from the Eastern District of Texas, Droplets, Inc. v. E-Trade Financial Corp., et al., Magistrate Judge Caroline Craven granted Defendants' Motion to Transfer the case to the Southern District of New York, finding the case analogous to the Federal Circuit's decision in In re Zimmer Holdings Inc.

Pomrening In Parallel Networks LLC v. Abercrombie & Fitch et al., the U.S. Court of Appeals for the Federal Circuit took atypical measures to manage four cases filed by Parallel Networks LLC.

In LML Patent Corp. v. JP Morgan Chase & Co., Judge David Folsom of the Eastern District of Texas Marshall Division has granted LML's Motion to Sever and Stay, although in a slightly modified form.

Applying the pleading requirements of the Federal Circuit's Exergen Corp v. Wal-Mart Stores, Inc. decision, Magistrate Judge Everingham of the Eastern District of Texas concluded in SynQor, Inc. v. Artesyn Techs., Inc. that Defendant Bel Fuse Inc.'s inequitable conduct defense was not pled with sufficient particularity.

The recent frenzy of false marking cases has resulted in yet another Federal Circuit decision in this arena with Stauffer v. Brooks Brothers Inc.

In Retractable Technologies Inc. v. Occupational & Medical Innovations Ltd., a patent infringement case from the Eastern District of Texas, the U.S. Court of Appeals for the Federal Circuit granted a permanent injunction in favor of the plaintiff based in part upon the defendant's bankruptcy and the fact that plaintiff and defendant are direct competitors.

In ReedHycalog UK Ltd. and ReedHycalog LP v. Diamond Innovations Inc., a case from the Eastern District of Texas, the defendant's litigation misconduct and willfulness necessitated a finding of exceptional case and an award of attorneys' fees and enhanced damages.

In a recent case from the Southern District of Texas, Tesco Corp. v. Weatherford International Inc., National Oilwell Varco L.P., Offshore Energy Services Inc., and Frank's Casing Crew & Rental Tools Inc., the U.S. Court of Appeals for the Federal Circuit found that continued use of accused products sold prior to notice of infringement did not constitute direct infringement upon which a claim of indirect

In the recent Eastern District of Texas decision in Smith & Nephew Inc. v. Arthrex Inc., the federal court tempered the grant of a motion for stay of the permanent injunction pending appeal by incorporating certain provisions into the stay.