Carstens & Cahoon, LLP

Last week, Judge Alan Albright denied Hyundai’s motion to dismiss StratosAudio’s patent infringement claims for improper venue.  Although Hyundai does not directly control any regular and established place of business in the Western District of Texas, it does have authorized dealers there.  Based on the contractual control exerted over those dealerships by Hyundai, Judge Albright […] The post Judge Albright: Regular and Established Place of Business of Hyundai at Authorized Dealers appeared first on Carstens & Cahoon.…
On August 6, 2020, Dr. Stephen Thaler filed a lawsuit against the Director of the United States Patent and Trademark Office. At the heart of the dispute, is the USPTO’s recent conclusion that Artificial Intelligence (AI) cannot be an inventor. I am not surprised by USPTO’s conclusion given the current state of the law, or […] The post AI Inventorship and Intellectual Property – Would You Like to Pay Rent to a Machine? appeared first on Carstens & Cahoon.…
The world is enduring the onslaught of COVID-19 and to date, an estimated four million have died as a result.  But parts of the world are moving into a post-pandemic state due to effective vaccines.  The Pfizer, Moderna and Johnson & Johnson vaccines are each highly effective at preventing hospitalization and death from COVID-19.  But […] The post COVID-19 Vaccines, Patents and Human Rights appeared first on Carstens & Cahoon.…
The law regarding obviousness, like a pendulum, has swung over time between favorable to unfavorable positions depending upon one’s perspective.  In 1952, the requirement that an invention be “nonobvious” was codified in Section 103 of the Patent Act.  In 1966, the Supreme Court issued its seminal decision in Graham v. John Deere 383 U.S. 1 […] The post Possible Limit on the Use of “Common Sense” to Invalidate a Patent Claim for Obviousness Based on a Single Reference appeared first on Carstens & Cahoon.…
Recently issued Apple patent utilizing passive alignment technology for charging an electric car that does not require human initiation illustrates a possible solution to one of the many hurdles facing electric cars going mainstream. Filed on May 18th of 2020, granted less than five months later, and titled “Charging station with passive alignment mechanism,”[i] Apple’s […] The post New Apple patent Paves the Way for Passive Alignment and Charging Technology appeared first on Carstens & Cahoon.…
By Vincent J. Allen. It is no secret that the Waco Division of the Western District of Texas is the rising star of patent litigation.  Judge Alan Albright successfully marketed the district to patent infringement plaintiffs to become the country’s busiest patent judge.  One attraction of the Western District is that Judge Albright moves his […] The post 2021 Patent Litigation Trials in the Western District of Texas appeared first on Carstens & Cahoon.…
One of the finer points of practicing patent litigation in Texas, which is home to four federal judicial districts, is knowing whether a defendant in the DFW area is located north or south of the Dallas County line. The boundaries between the Eastern, Western, Northern, and Southern Districts of Texas are based on county lines. […] The post The Dallas County Line Matters in Texas Patent Litigation appeared first on Carstens & Cahoon.…
Gone are the days of pirate ships bristling with cannons and chests of stolen treasure.  Modern pirates operate computers, and their valuable targets are often intangible.  Nonetheless, their thievery remains a scourge of modern commerce . . . . at least it once was. Amazon’s newly patented technology (US10664797B2) is the equivalent of a full […] The post Pirates Beware: Amazon Patent Aims to Sink Shipments of Counterfeit Products appeared first on Carstens & Cahoon.…
There’s no way around it: patent litigation costs can come as a surprise to those who have not been involved in it.  One economic survey estimated that, in 2019, the cost of patent litigation through trial and post-trial motions ranged from $700,000 to $4 million[1] for cases where $1 million to $25 million was at […] The post Fee Structures for Managing Patent Litigation Costs appeared first on Carstens & Cahoon.…
In a relatively recent order denying a plaintiff’s application for preliminary injunction, Judge Mazzant of the U.S. District Court for the Eastern District of Texas, Sherman Division, considered whether certain “customer relationships” established by the plaintiff oil and gas investment firm constituted a “trade secret.” The defendants had left their employment at the investment firm […] The post Customer Relationships May Not Be Trade Secrets appeared first on Carstens & Cahoon.…