Federal Judiciary

Thursday Night Live: Bring On the JMOL Motions

By Michael C. Smith

Thursday night is traditionally JMOL night for trials in the Eastern District, and this week was no different. 

Last night the defendant in Judge Rader's Red Hat case in Marshall filed one as to noninfringement and damages - no ruling docketed yet, but the lawyers were in court till nearly 8.  Meanwhile, both sides in the Soverain v. Newegg case in Judge Davis' court in Tyler filed and argued motions after a long final day of evidence (8:30 am to 5:30pm).  Judge Davis denied the plaintiff's motion as to infringement and the defendant's motions as to noninfringement, invalidity, and damages last night, and this morning granted the plaintiff's motion as to obviousness, and indicated that while he would submit anticipation, he was not certain it had been proved up sufficiently, and if the jury found it he would review the trial transcript and decide the issue at that time - accordingly he did not condition to the damages question on a finding of "no" to the invalidity question so he'd have a complete verdict in the event the jury's verdict lacked the requisite support in the record.

Both cases are being argued to their respective juries Friday morning.

Full post as published by Eastern District of Texas Federal Court Practice on April 30, 2010 (boomark / email).