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James Oliver Ellison

U.S. District Court for the Northern District of Oklahoma district Deceased · served 1979–2014 Appointed by Jimmy Carter (Democratic) 19 signed orders read

Judge Ellison no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge Ellison decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

He treated a new, efficient integration of existing software technologies as capable of qualifying as technological research.

“The evidence shows that this final product was a new and more efficient combination of software that was not available to the public”

Cautions

He enforced statutory filing periods where the pleadings showed the claims were filed after the last alleged securities sale.

“this Court finds that count 1 of the consolidated complaint must be dismissed.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Estate of Adams v. United States
· 1981-10-08
Summary judgment (plaintiff) Denied

“Plaintiff’s motion for summary judgment be, and the same hereby is, denied”

Summary judgment (defendant) Granted

“Defendant’s motion for summary judgment be, and the same hereby is, granted.”

Gale v. Great Southwestern Exploration
· 1984-09-17
Motions to dismiss (defendant) Granted in part

“the motion of Defendants be and the same is hereby granted in the following respects: The Court hereby dismisses count 1 of the consolidated complaints.”

Baker Oil Tools, Inc. v. TRW, Inc.
· 1987-02-04
Patent infringement claim (plaintiff) Denied

“such claim is valid although not infringed by the TRW device.”

Patent invalidity counterclaim (defendant) Denied

“TRW has failed to sustain its burden of proof on its allegation that claims 15, 20 and/or 21 are invalid under 35 U.S.C. § 103.”

Standard Oil Co. v. Osage Oil & Transportation, Inc.
· 1988-02-11
Application for attorney fees and expenses (plaintiff) Granted in part

“the Court accepts the Findings. and Recommendations of the Magistrate and fixes the attorneys’ fees and expenses previously awarded to Plaintiff in the sum of $7,564.66.”

Virginia Beach Federal Savings & Loan Ass'n v. Wood
· 1988-02-18
Bankruptcy appeal (appellant) Granted

“the Court rules that the Bankruptcy Judge erred in finding that VBF had no right to the rents from its collateral after the filing of its Notice Under 11 U.S.C. § 546.”

Cotton v. Merrill Lynch, Pierce, Fenner & Smith, Inc.
· 1988-08-19
Motions to dismiss (defendant) Granted

“defendant’s Motion to Dismiss is granted and plaintiffs’ complaint is dismissed for failure to state any claims which would entitle plaintiffs to relief.”

Phillips Petroleum Co. v. Lujan
· 1989-07-13
Motions to dismiss (defendant) Denied

“the motion to dismiss of Defendant, the Secretary of the Interior, is denied”

Herchman v. Sun Medical, Inc.
· 1990-03-30
Preliminary injunction (defendant) Denied

“Defendant Sun Medical’s Motion for Preliminary Injunction should be and is hereby denied.”

Declaratory judgment claim (plaintiff) Granted

“Judgment should be and is hereby granted in favor of Plaintiff in this case.”

Wheels, Inc. v. Otasco, Inc.
· 1991-08-07
Bankruptcy appeal (appellant) Granted

“The decision of the Bankruptcy Court is reversed, and the case is remanded for further proceedings consistent with this opinion.”

Gille v. United States
· 1993-08-31
Motion for clarification (plaintiff) Granted

“Plaintiffs motion to clarify is hereby granted”

Cardtoons, L.C. v. Major League Baseball Players Ass'n
· 1993-11-23
Motion for declaratory judgment (defendant) Granted

“That declaratory judgment be entered in favor of the Major League Baseball Players Association”

Motion for declaratory judgment (plaintiff) Denied

“That declaratory judgment be denied to Cardtoons”

Motion for injunctive relief (defendant) Denied

“That injunctive relief be denied to the Major League Baseball Players’ Association”

Damages claim (both) Denied

“That damages be denied to both parties”

Kelley v. Michaels
· 1993-04-30
Summary judgment (plaintiff) Granted

“Plaintiffs’ Motion for Summary Judgment (# 16) is hereby GRANTED”

Summary judgment (defendant) Denied

“Defendants’ Motion for Partial Summary Judgment (#7) and Motion to Vacate (#6) are DENIED.”

Motion to vacate arbitration award (defendant) Denied

A historical record

Judge Ellison no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.