Case study

Summary Judgment Granted in Patent Case

October 8, 2014 Case Study

Techradium, Inc. v. Firstcall Network, Inc.

United States District Judge Lee Rosenthal granted summary judgment to firm client First Call Network, Inc. on September 29.

TechRadium, Inc. sued First Call in the Galveston Division of the Southern District of Texas for alleged infringement of a messaging patent. The firm successfully moved for an intradistrict transfer of the case to the Houston Division and Judge Rosenthal. The firm also moved successfully for dismissal of TechRadium’s allegations concerning enhanced damages in the plaintiff’s original and first and second amended complaints.

The firm moved early in the case for summary judgment of non-infringement based on the construction of patent claim terms in prior litigation. The firm then successfully moved for a stay of all proceedings pending resolution of the summary judgment motion and claim construction.

After a combined hearing on claim construction and the motion for summary judgment, Judge Rosenthal ruled in favor of First Call on all issues.

Beck Redden attorney B.D. Daniel represented First Call in this case.