Federal Judiciary

Reconsidering "Pork"

By Michael C. Smith

The Eastern District of Texas is probably the only environment in which references to pork these days have nothing to do with Congress.

Most Eastern District watchers are by now familiar with Judge Everingham's recent order granting a new trial in Commil v. Cisco, 2:07cv341-CE as a result of the "I bet not pork" and "the most important trial in history ... in the Bible" references by the defendant's local counsel.  This evening Cisco filed a motion for reconsideration of that order (docket #362), arguing that the reconsideration was inappropriate because the conduct was an isolated event, citing the Fifth Circuit's recent opinion in U.S. v. Morin, No. 09-40702, _____ F.3d _____ (5th Cir. Dec. 10, 2010), that there was no evidence that the conduct prejudiced Commil (noting that the jury found for Commil on direct infringement and awarded damages), and that a retrial on induced infringement would be futile in any event.  In the alternative, Cisco asks that the Court clarify its ruling to address how the first trial will be referred to or used in the second trial.

A response to the motion would normally be due in seventeen days, then the motion is ripe for ruling, although the parties are permitted to file a reply and a surreply brief, but Cisco filed separately a motion to expedite in light of the April  retrial, asking that a response be filed by January 19, and a hearing be held by January 24, if the Court's schedule permits.  

Full post as published by Eastern District of Texas Federal Court Practice on January 12, 2011 (boomark / email).