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Eastern District of Texas Federal Court Practice 
This web log is devoted to practice in the Eastern District of Texas, with special emphasis on patent litigation.
Post Frequency: 1.2/day Last Entry: November 19, 2009 at 13:16:52 Recent Entries: 414
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Motion to Transfer Granted as to California Defendants - Denied as to New Texas Defendants
Posted on November 19, 2009Balthaser Online, Inc. v. Network Solutions LLC et al., 2:08cv00430 (E.D. Tex. 2009) Judge: David Folsom Holding: Motion to Transfer Venue GRANTED in part. One of the interesting things about the recent venue cases out of the Federal Circuit (TS...
New SBPS offices in Marshall featured in Marshall News Messenger
Posted on November 19, 2009This morning's front page story in the Marshall News Messenger was about some local attorney named Michael Smith, who has bought two historic old storefronts downtown next to his grandfather's old store and is in the process of restoring them...
Inequitable Conduct and Prosecution Laches Claims Rejected in Bench Trial in Centocor v. Abbott
Posted on November 16, 2009Centocor Ortho Biotech, Inc. v. Abbott Laboratories, 2009 WL 3734119(E.D.Tex. Nov 04, 2009) (NO. 2:07-CV-139-TJW) Judge: T. John Ward Holding: Patent in Suit Not Unenforceable Due to Inequitable Conduct and Prosecution Laches (or invalid as indefinite) As readers will recall,...
The Audacity of the US Patent & Trademark Office
Posted on November 13, 2009This was the title of the talk at the IP seminar at CAIL in Plano today by U.S. PTO Deputy Director Sharon R. Barner, riffing on President Obama's book The Audacity of Hope. Director Barner talked about her office's efforts...
Thermapure - setting the stage for the retrial
Posted on November 13, 2009Thermapure v. Water Out Drying. Corp., 2:06cv453 (E.D. Tex. Nov. 13, 2009) Judge: Chad Everingham Holding: Motion for New Trial GRANTED in part As readers will know, this case is the asterisk in this year's trial statistics. Judge Everingham tried...
More details on Retractable Technologies v. Becton Dickinson jury verdict
Posted on November 12, 2009Three days ago I noted that a Marshall jury in Judge Folsom's court just returned a verdict in the Retractable Technologies v. Becton Dickinson case, 2:07-CV-250. It found the patent infringed, not invalid, and damages of $5 million. I had...
Comic Relief from the "Law School" Front
Posted on November 12, 2009I think most weblog readers know that I am the updating editor for O'Connor's Federal Rules * Civil Trials, put out by Jones McClure Publishing in Houston. I got a call today from a person - allegedly a law student...
Patent verdict
Posted on November 09, 2009A Marshall jury in Judge Folsom's court just returned a verdict in the Retractable Technologies v. Becton Dickinson case, 2:07-CV-250. Patent infringed, not invalid, and damages of $5 million.
47th Annual Conference on Intellectual Property Law - Institute for Law & Technology
Posted on November 09, 2009Spending today and tomorrow in Plano at the annual conference on IP law put on by the Institute for Law & Technology at the Center for American & International Law in Plano. This morning's session is focused on patent litigation,...
Motion to Compel Denied - Noncompliance with "Meet and Confer" Rule
Posted on November 05, 2009Konami Digital Entertainment Co., Ltd. v. Harmonix Music Sys., Inc., No. 6:08cv286, 2009 WL 3448148, *2-*3 (E.D. Tex. Oct. 22, 2009) Judge: John Love Holding: Motion to Compel DENIED Thanks to Robert Matthews with Matthews Patent Law Consulting for alerting...
Attorney Most Supportive of Paralegals Award
Posted on November 05, 2009Had a nice surprise on my desk when Jamie and I got back from vacation this week - at their recent Paralegal Day event the Northeast Texas Association of Paralegals voted me the attorney most supportive of paralegals. Not to...
Motion for Summary Judgment as to Patent Defendant's Defenses and Counterclaims Granted in Part; Antitrust Claims Severed
Posted on November 05, 2009Fiber Systems Intern., Inc. v. Applied Optical Systems, Inc., 2009 WL 3571350(E.D.Tex. Oct 26, 2009) (NO. 2:06-CV-473) Judge: T. John Ward Holding: Plaintiff's Motion for Summary Judgment as to Defendant's Affirmative Defense and Counterclaims GRANTED IN PART This is a...
William Wayne Justice (1920-2009)
Posted on October 14, 2009Former Eastern District of Texas chief judge William Wayne Justice passed away yesterday at his home in Austin. Judge Justice was appointed to the Eastern District bench in 1968 following several years as U.S. Attorney for the district. Judge Justice...
Patent Case Transferred
Posted on October 09, 2009Prust v. Apple Inc, No. 2:09cv00092 (10/7/09) Judge: T. John Ward 2009-10-07Holding: Motion to Transfer Venue GRANTED Short and sweet result for defendant Apple. Judge Ward wrote that "[t]he plaintiff is in Minnesota, the defendant is in the Northern District...
Motion to Dismiss Resolved in Patent Infringement Plus Case
Posted on October 09, 2009Ola, LLC v. Builder Homesite, Inc., 2009 WL 3190443(E.D.Tex. Sep 29, 2009) (NO. 2:08-CV-324-CE) Judge: Chad Everingham Holding: Motion to Dismiss GRANTED in part and DENIED in part Lots of holdings in this opinion by Judge Everingham in a case...
Class Action Against Trustee Wells Fargo Certified
Posted on October 08, 2009Clower v. Wells Fargo Bank, N.A., --- F.R.D. ----, 2009 WL 901486(E.D.Tex. Mar. 30, 2009) (NO. 2:07-CV-510-TJW) Judge: T. John Ward Holding: Motion for Class Certification GRANTED Plaintiffs as beneficiaries of irrevocable or testamentary trusts sued Wells Fargo, as successor...
Madeleine Segal Hall (2009)
Posted on October 08, 2009Madeleine Hall, widow of the late U.S. District Judge Sam B. Hall, Jr., for whom the Marshall federal courthouse i s named passed away Tuesday morning at home with her three daughters. Visitation is this evening from 6-8 pm, and...
Law Office Management: One number to rule them all...
Posted on October 03, 2009I've posted previously on some ways to set up a small office phone system inexpensively, but most lawyers these days spend most of their time on cell phones. And that means that the lawyer may be at the number other...
Court Sets Aside Willful Infringement Finding in Centocor v. Abbott
Posted on October 01, 2009Centocor v. Abbott Labs, 2:07cv139 (Oct. 1, 2009) Judge: T. John Ward Holding: Defendant's Motion for JMOL as to willful infringement GRANTED Judge Ward issued a couple of orders in this case today, one denying denying several of the defendant's...
Venuepalooza continues - Motion to Transfer Patent Case Denied
Posted on September 30, 2009Convolve v. Dell, Inc., 2:08cv244 (E.D. Tex. 9/30/09) Judge: Chad Everingham Holding: Motion to Transfer Venue DENIED I don't know what is in the water across the street today, but this is the fourth venue opinion I've seen from Judges...
Motion to Transfer Denied - Prior Case Involving Same Patent Pending
Posted on September 30, 2009Novartis Vaccines and Diag., Inc. et al. v. Bayer Healthcare, LLC et al., 2:08-cv-00068 (E.D. Tex. September 28, 2009) Judge: T. John Ward Holding: Motion to Transfer Venue DENIED Judge Ward denied the defendants' motion to transfer venue for convenience...
... and the beat goes on. Motion to reconsider order denying transfer denied.
Posted on September 30, 2009Mediostream v. Microsoft, 2:08cv369 (E.D. Tex. 9/30/09) Judge: Chad EveringhamHolding: Motion to Reconsider Order Denying Motion to Transfer Venue DENIED Okay, now we're up to five venue opinions in patent cases today, four of which are in cases I'm in,...
Patent Case Transferred to Ohio
Posted on September 29, 2009Immersion v. Mentice, 2:08cv161 (E.D. Tex., Sept. 29, 2009) Judge: Chad Everingham Holding: Defendants' Motion to Transfer Venue GRANTED Earlier this evening Judge Everingham granted the defendants' motions to transfer this patent case to Ohio, finding that "[t]he balance of...
Summary Judgment of Noninfringement Recommended Granted
Posted on September 28, 2009Abstrax, Inc. v. Dell, Inc. et al, 2:07-cv-00221 (E.D. Tex. 9/18/09) Judge: Chad Everingham Holding: Motion for Summary Judgment as to Noninfringement Recommended GRANTED IN PART. Several good recent orders out of this case. Two weeks ago Judge Everingham denied...
Judge Ward Named Texas ABOTA Jurist of the Year
Posted on September 28, 2009The Board of Directors of the Texas chapter of the American Board of Trial Advocates (TexABOTA) has chosen U.S. District Judge T. John Ward of Marshall as its Jurist of the Year. This prestigious award is presented to jurists who...
Cisco Statement on Resolution of Albritton Litigation
Posted on September 23, 2009Yesterday afternoon Cisco issued a statement on resolution of the Albritton v. Cisco case. The press release can be found here, and consists of one sentence: "The parties are happy to report that the dispute among them has been resolved...
Magistrate Judge Judith Guthrie reappointed
Posted on September 22, 2009The Eastern District judges yesterday reappointed U.S. Magistrate Judge Judith Guthrie of Tyler to another term. Bonus points to whoever can identify where this picture came from. Hint: it's a document in the courthouse.
In Memoriam: Judge Jerry Buchmeyer - N.D. Texas (1979-2009)
Posted on September 22, 2009One of Texas' landmark federal judges passed away yesterday - Judge Jerry Buchmeyer, who was a fixture on the Dallas federal court bench for thirty years after being appointed in 1979. Every lawyer in Texas knew what a "Buchmeyer" was...
Troll Tracker case settles
Posted on September 22, 2009Reports from Tyler are that Albritton v. Cisco settled yesterday after five or six days of testimony. As always, Joe Mullin with The Prior Art has details on the settlement, as well as details on trial testimony by Rick Frenkel...
Kristie Wright Named Texarkana Lawyer of the Year
Posted on September 16, 2009Congratulations are in order to Kristie Wright, who was named Texarkana's Attorney of the Year by the Texarkana Young Lawyers Association recently. Kristie is the founder of the TYLA, as well as being monstrously active in the other (Texas) TYLA....
Motion for Summary Judgment as to Willfulness Claims and Invalidity Denied
Posted on September 15, 2009Abstrax, Inc. v. Dell, Inc. et al, 2:07cv00221)(E.D. Tex., Sept. 11, 2009) Judge: Chad Everingham Holding: Motion for Summary Judgment of No Willful Infringement & Invalidity Recommended DENIED The day after granting the defendants' motions for summary judgment as to...
"Troll Tracker" case starts in Tyler
Posted on September 14, 2009Texas Lawyer has a story on the Albritton v. Cisco case set to start trial in Tyler today. This is the case brought by a Eastern District lawyer against Cisco as a result of some of Rick Frenkel's "Troll Tracker"...
Summary judgment granted as to claims of willful infringement; case settles prior to jury selection
Posted on September 14, 2009Some interesting rulings at the pretrial conference last Thursday September 10 in Crane v. Sandenvendo America and Royal Vendors Thursday (I am local for Sandenvendo so I had a good seat for them). This is a patent infringement case dealing...
Patent Case Transferred to California
Posted on September 08, 2009Abstrax, Inc. v. Sun Microsystems, Inc., 2009 WL 2824581(E.D.Tex. Aug 28, 2009) (NO. 2:07-CV-333) Judge: Chad Everingham Holding: Renewed Motion to Transfer Venue GRANTED This was a renewed motion to transfer venue. The original motion was filed November of 2007,...
Orion II: Summary Judgment of Infringement as to Hyundai's Redesigned Websites
Posted on August 31, 2009Hyundai Motor America v. Clear With Computers, LLC, No. 6:08cv00302 (E.D. Tex., Aug. 24, 2009) Holding: Motion for Summary Judgment on Noninfringement DENIED; Infringement GRANTED Judge: Leonard Davis This case arises out of the Orion IP, LLC v. Mercedes-Benz USA,...
Patent case transferred to California
Posted on August 31, 2009Chrimar Systems, Inc. v Garrettcom, Inc., et al, 2:09-cv-00085 (E.D. Tex., Aug. 27, 2009) Holding: Motion to Transfer Venue GRANTED Judge: T. John Ward Friday was a good day for defendants! Defendants' motion to transfer venue for convenience in this...
Patent Case Conditionally Stayed Following Final Office Action (plus a little lagniappe)
Posted on August 31, 2009QPSX Developments 5 Pty Ltd. v. Ciena Corporation et al, 2:07-cv-00118 (E.D. Tex., Aug. 27, 2009) Motion for Stay Pending Reexamination CONDITIONALLY GRANTED Judge: Chad Everingham Judge Everingham granted defendants' motion to stay pending an appeal of a final rejection...
Motion for Partial Summary Judgment on Indefiniteness Granted; Motion to Strike Expert Declaration Denied (but with a caveat)
Posted on August 28, 2009Michael S. Sutton Ltd. v. Nokia Corp., --- F.Supp.2d ----, 2009 WL 2460994 (E.D.Tex. Aug 10, 2009) (NO. 6:07CV203) Judge: Leonard Davis Holding: Defendant's Motion for Partial Summary Judgment on the issues of indefiniteness, enablement, and utility GRANTED; Motion to...
Plaintiff Lacks Standing to Pursue Claims Absent Joinder of Owner
Posted on August 28, 2009US Foam, Inc. v. On Site Gas Systems, Inc., 2009 WL 2605280(E.D.Tex. Aug 21, 2009) (NO. 2:07-CV-466-TJW, 6:08-CV-31-LED) Judge: T. John Ward Holding: Motion to Dismiss for Lack of Standing DENIED What's a patent case without a motion to dismiss...
Patent verdict in Versata v. SAP
Posted on August 26, 2009The Marshall jury in Judge Everingham's court rendered a verdict in the Versata v. SAP, 2:07cv153 case this afternoon. The jury found all six submitted claims infringed, inducement and contributory infringement of one claim, found that the defendant has failed...
Summary Judgment Granted by N.D. Cal. in PartsRiver v. Shopzilla
Posted on August 25, 2009PartsRiver, Inc. v. Shopzilla, Inc. et al (4-09-cv-00811) (N.D. Cal. August 21, 2009) Judge: Claudia Wilken (N.D. Cal.) Holding: Motion for Summary Judgment on Invalidity GRANTED Readers may recall that PartsRiver was one of the first cases transferred out of...
Summary Judgment Ruling Published in Abbott v. Centocor
Posted on August 25, 2009Centocor Ortho Biotech, Inc. v. Abbott Laboratories, --- F.Supp.2d ----, 2009 WL 1473431(E.D.Tex. May 27, 2009) (NO. 2:07-CV-139) Judge: T. John Ward Holding: Summary Judgment as to priority date GRANTED; summary judgment as to anticipation defense DENIED One of the...
Claims construction resulting in dismissal affirmed on appeal
Posted on August 24, 2009RFID Tracker Ltd. v. Wal-Mart Stores Inc., (NO. 6:06 CV 363) Judge: Leonard Davis Holding: Claims construction ruling affirmed. Blog readers may recall that last February Judge Davis entered a claims construction order in this case, which can be found...
Eastern District Bench/Bar Conference Details Announced
Posted on August 20, 2009The brochure just came out for the 13th Annual Eastern District of Texas Bench/Bar Conference, which will be held October 15 and 16 at the Westin Stonebriar Resport in Frisco, Texas (reputed to be less susceptible to hurricanes than Galveston)....
Motion to Dismiss for Failure to Exhaust Administrative Remedies Granted
Posted on August 18, 2009Russell v. Good Shepherd Medical Center, 2009 WL 2487108(E.D.Tex. Aug 12, 2009) (NO. CIV.A. 2-08-CV-206) Judge: T. John Ward Holding: Defendant's Motion to Dismiss GRANTED This is an employment case against a local hospital alleging sex and gender discrimination as...
Court declines to find inequitable conduct in Laserdynamics v. Asus
Posted on August 17, 2009The jury in LaserDynamics v. Asus Computer International, 2:06cv348 found for the plaintiff back on July 6 in Judge Ward's court in Marshall. Specifically, it found that the defendant contributed or induced infringement of one claim of the patent, that...
Motion for Summary Judgment of Indefiniteness Denied
Posted on August 14, 2009IP Innovation, LLC v. Red Hat, Inc., 2009 WL 2460982(E.D.Tex. Aug 10, 2009) (NO. 2:07CV447) Judge Davis. Holding: Motion for Summary Judgment of Indefiniteness DENIED This is a Markman ruling by Judge Davis which also resolves a motion seeking summary...
Postverdict motions resolved in i4i v. Microsoft
Posted on August 14, 2009i4i Ltd. Partnership v. Microsoft Corp., 2009 WL 2449024(E.D.Tex. Aug 11, 2009) (NO. 6:07CV113) Judge: Leonard Davis This is the case in which a Tyler jury rendered a verdict against Microsoft of $200,000 in May of this year. In this...
Federal Circuit affirms in part and reverses in part Blackboard v. Desire2Learn rulings
Posted on July 31, 2009Back in February of 2008 the jury in the Blackboard Inc. v. Desire2Learn Inc. case, 9:06cv155 in Lufkin in Judge Clark's court found for the plaintiff on infringement and found that the defendant had not shown by clear and convincing...
Christmas in July at Marshall patent cases status conference - trial settings under two years
Posted on July 28, 2009Well, I don't know that we've been good enough to deserve it this year thus far, but we sure got some presents this morning at the bimonthly patent case status conference (essentially case management conferences for new filings) in Marshall....
JMOL motions filed in Centocor v. Abbott
Posted on July 28, 2009Yesterday defendant Abbott opened the postverdict briefing in this case with a salvo worthy of a case with a $1.6 billion dollar jury verdict - five motions for judgment as a matter of law pursuant to FRCP 50. They are...
Ring Plus "Cycle" Ends With Finding of Unenforceability
Posted on July 27, 2009Ring Plus, Inc. v. Cingular Wireless LLC, --- F.Supp.2d ----, 2009 WL 2184541(E.D.Tex. Jul 17, 2009) (NO. 5:08-CV-42-DF) Judge: Folsom Holding: Patent unenforceable due to inequitable conduct. Yep, she's singing. Judge Folsom conducted a hearing on the defendant's claims that...
"I Have Good Cause, But It's A Secret" - Motion for Leave to Amend PICs Denied
Posted on July 23, 2009Hill v. Abercrombie & Fitch, 2:07cv234 (Ed. Tex. April 17, 2009) Judge: David Folsom Holding: Motion for Leave to Amend PICs Denied Plaintiff sought leave to amend its infringement contentions to add a website operated by Microsoft, which has intervened...
Plaintiff's Motion to Strike Defendant's Designation of Responsible Third Parties Denied
Posted on July 23, 2009Flanagan v. Wells Fargo Financial Nat. Bank, 2009 WL 2143439, E.D.Tex. July 14, 2009) Judge: Amos Mazzant Holding: Plaintiff's Objection to and Motion to Strike Defendant's Designation of Responsible Third Parties DENIED Judge Schneider adopted Judge Mazzant's ruling in this...
Order on Motion in Limine in I/O v. Sercel
Posted on July 23, 2009Input/Output, Inc. et al v. Sercel, Inc., (5-06-cv-00236) (July 22, 2009) Judge: David Folsom Holding: Motions in Limine Granted in Part Orders on motions in limine are always difficult for lawyers not in the case to fully comprehend (and sometimes...
"Error, error, shalt thou pursue... "; New Trial Denied & Bill of Costs Denied in Part in West v. Perry
Posted on July 23, 2009It was big news locally when Tyler Perry (best known of course for playing the Starfleet Academy commandant in Star Trek) prevailed in the copyright infringement case brought against him in Marshall recently over the authorship of his movie Diary...
O2 Micro v. BiTEK Update - Court declares mistrial, sets new jury selection and enters sanctions
Posted on July 21, 2009Back on July 10 Judge Everingham issued his sanctions order in O2 Micro Int?l Ltd. v. Beyond Innovation Tech. Co. and invited briefing. Some fo that briefing was public and some was not, so it's unclear what exactly the parties'...
Motion re: Infringement Contentions Granted in Part
Posted on July 21, 2009Linex Technologies, Inc. v. Belkin Intern., Inc., --- F.Supp.2d ----, 2008 WL 4372708(E.D.Tex. Sep 19, 2008) (NO. CIV.A. 2:07CV222) Judge: John Love Holding: Motion to Strike PICs/Motion to Compel Amended PICs Granted in Part One of the recurring issues in...
O2 Micro v. BiTEK - sanctions update
Posted on July 13, 2009Judge Everingham's Friday order solicited any response by BiTEK regarding the sanctions imposed in the order, and this afternoon, BiTEK filed one, accompanied by a declaration and a letter to the Court from Mr. van Loben Sels. In the supplemental...
How Not to Follow an Order Granting a Motion in Limine - Counsel Gets 48 Hour Jail Sentence
Posted on July 12, 2009This is my new all-time favorite Eastern District case - because it illustrates something I tell people all the time, which is that the judges really do expect the parties to play by the rules, and attorneys or litigants who...
Hearing Set On Inequitable Conduct Claims in Centocor v. Abbott
Posted on July 07, 2009Following quickly on the heels of the jury's concluding their work in the case, Judge Ward has set a hearing on the nonjury isue of inequitable conduct in the Centocor v. Abbott litigation. The hearing is set for 9 AM...
Another patent verdict - LaserDynamics v. Asus
Posted on July 06, 2009What is it about jury notes this month? The jury in LaserDynamics v. Asus Computer International, 2:06cv348 sent out four before rendering a verdict this afternoon. The Marshall jury in Judge Ward's court found that the defendant contributed or induced...
"Honeywell Loses Texas 'Trolling Try'" Article
Posted on June 30, 2009Joe Mullin has a good story this week Honeywell Loses Texas "Trolling Try" on the outcome of Honeywell's licensing arm's litigation against eight LCD panel manufacturers in the Eastern District (specifically Judge Davis and Love's court in Tyler). According to...
Multitasking in a patent case
Posted on June 29, 2009Interesting order today in the LaserDynamics v. Quanta case getting ready to start trial in Judge Ward's court that may say something about bench briefs, or at least the division of labor at trial in patent cases. The court entered...
Jury verdict in Centocor v. Abbott
Posted on June 29, 2009A Marshall jury in Judge Ward's court rendered a verdict in favor of the plaintiff Centocor today. The jury sent out five notes before finding that the defendant infringed all four of the asserted claims. The jury found that Abbott...
"Fallout From In re TS Tech: Venue Disputes in Texas" - presentation at 2009 State Bar of Texas Annual Meeting
Posted on June 26, 2009If you were attending the State Bar of Texas' annual meeting in Dallas today, at 9 this morning you could have heard me speaking on the state of patent venue law post-In re TS Tech, or you could have heard...
Motion to Transfer Venue from Sherman to California Denied
Posted on June 22, 2009Worldpak Intern., LLC v. Diablo Valley Packaging, Inc., 2009 WL 1708080(E.D.Tex. Jun 16, 2009) (NO. 4:08CV469) Judge: Michael Schneider/Amos Mazzant Holding: Motion to Transfer Venue DENIED This is a tortious interference with contract case between two businesses brought in Judge...
Motion to Dismiss or Transfer for Improper or Inconvenient Venue Denied
Posted on June 22, 2009GBS Development, Inc. v. West, 2009 WL 1703217(E.D.Tex. Jun 18, 2009) (NO. CIV A 5:09-CV-39(DF)) Judge: David Folsom Holding: Defendant's Motion to Dismiss for Improper Venue DENIED. This is a securities case in which the defendant sought a transfer to...
1901 Harrison County Courthouse in Marshall Rededicated
Posted on June 22, 2009After fifteen years working on the project I unfortunately missed the big day Saturday, but it went ahead without me, and the historic Harrison County Courthouse was rededicated Saturday in Marshall. Which means that that godawful square brick and glass...
Art at Work: Summer 2009 - Various Artists
Posted on June 12, 2009For the summer months, our Art at Work program is featuring a variety of artists with a summer-y motif (Carol Pace tells me) including a lot of, well, sea-ish stuff, like fish hooks, and, uh, animals and stuff. Out front...
Decided A Patent Should Be Held Invalid? Celebrate by Donating Blood.
Posted on June 12, 2009Ever had that blinding moment of clarity where you realize that any idiot could see that a particular patent should be held to be invalid? That no lawyer or judge or jury with half a brain and thirty seconds of...
Motions to Transfer Denied; Motion to Dismiss for Lack of Personal Jurisdiction Granted
Posted on June 12, 2009Acceleron, LLC v. Egenera, Inc., 2009 WL 1606961(E.D.Tex. Jun 09, 2009) (NO. 6:08CV417) Judge: Leonard Davis Holding: Motions to Transfer DENIED; Motion to Dismiss for Lack of Personal Jurisdiction GRANTED Six defendants filed motions to transfer - the sixth also...
Clawback Effective; Privilege Not Waived
Posted on June 12, 2009Datatreasury v. Wells Fargo, et al, No. 2:06cv00072 (June 8, 2009) Judge: David Folsom Holding: Motion to Determine Privilege and Waiver DENIED Plaintiff asked the court to hold that one of the defendant's documents was not privileged, or if it...
Texas Lawyer's "I Like Being A Lawyer" by Susan Fisher
Posted on June 12, 2009Texas Lawyer runs a periodic column "I Like Being A Lawyer" where contributors list their top five reasons why they like being a lawyer. This week's contributor was Susan Fisher from SRBPS - Sherman, who in addition to her day...
East Texas lawyer's kidney switches sides in litigation
Posted on June 11, 2009This month's Baylor magazine had a short article about something that I think exemplifies (well, in a pretty extreme way, admittedly) the way counsel on opposite sides of the courtroom get along in East Texas. In February of this year,...
Motions to Sever to Set Up Motions to Transfer Denied
Posted on June 10, 2009Sipco, LLC v. Amazon.com, Inc. et al, No. 2:08cv00359) (June 3, 2009) Judge: David Folsom Holding: Motions to Sever DENIED This is a patent infringement case brought against twelve defendants. At issue in this motion were two defendants' motions to...
Dallas Bar Association IP Section Bench-Bar Event
Posted on June 10, 2009Tomorrow evening, June 11, the Dallas Bar Association's Intellectual Property Section is having its 4th annual bench/bar event from 5:30-7:30 pm at the Pavilion at the Belo Mansion. Cocktails, hors d'ouevres and dessert will be served, and admission is free...
Pam Matthews featured in NTAP Key Note
Posted on June 10, 2009The Northeast Texas Association of Paralegals circulates a monthly newsletter, the Key Note Download Key Note - June 2009 Page 6 of the June issue features SRBPS-Marshall's own Pam Matthews as the "Member in the Spotlight". While Pam does begin...
Motion to Dismiss for Lack of Standing Granted
Posted on June 10, 2009MHL Tek, LLC v. General Motors Corp., --- F.Supp.2d ----, 2009 WL 901334(E.D.Tex. Mar 31, 2009) (NO. CIV.A. 2:08-CV-0125) Judge: T. John Ward Holding: Defendants' Motion to Dismiss for Lack of Standing GRANTED This is a patent case dealing with...
Motion to Transfer Venue Denied in "National" Patent Case
Posted on June 04, 2009Intellectual Capital Holdings Limited v. NEC Corporation of America et al, No. 5:08-cv-00065) (June 2, 2009) Judge: Caroline Craven Holding: Motion to Transfer Venue DENIED Judge Craven denied the defendants' motion to transfer venue, holding that given the "national character"...
Summary Judgement of Noninfringement Granted
Posted on June 04, 2009Fenner v. Microsoft, et al, 6:07cv8 (June 3, 2009) Judge: Leonard Davis Holding: Defendants' Motion for Summary Judgment of Noninfringement GRANTED Lots of orders flying out of Judge Davis' chambers in Tyler lately. Last night Judge Davis entered summary judgment...
Summary Judgment Granted Based on Licensing Defense
Posted on June 04, 2009Accolade Systems LLC v. Citrix Systems, Inc., 2009 WL 1514426(E.D.Tex. May 29, 2009) (NO. 6:07 CV 48) Judge: Leonard Davis Holding: Motion for Summary Judgment on Licensing Defense GRANTED This is a patent case set for trial before Judge Davis...
Protective Order Limiting Patent Owner's Counsel's Access to Confidential Information Granted; Prosecution Bar Included
Posted on June 03, 2009Hyundai Motor America v. Clear With Computers, LLC, No. 6:08-cv-00302 (May 11, 2009) District Judge Leonard Davis Holding: Motion for Protect. Order GRANTED Judge Davis granted the declaratory judgment plaintiff's motion for a protective order precluding defendant's outside counsel from...
Motion to Limit Number of Claims and Prior Art References Denied
Posted on June 03, 2009Accolade Systems LLC v. Citrix Systems, Inc. et al, No. 6:07cv00048) (May 11, 2009) Judge: Leonard Davis Motion to Limit Number of Claims and Prior Art References DENIED Plaintiff asked that the court limit the number of claims and prior...
Contempt! Court Grants TiVo's Motion Against Echostar
Posted on June 02, 2009No, not that Contempt, (although both will steam up your DVR something awful). Chief Judge Folsom today granted TiVo's motion asking to have Echostar declared in contempt of his permanent injunction. He set a briefing schedule for any motions for...
"Cy Pres: Impact on Justice" Award
Posted on May 31, 2009I am pleased to report that at the Texas Access to Justice Commission's 25th Anniversary Gala benefiting the Texas Access to Justice Foundation on Wednesday, May 27 in Austin, my cocounsel Jeff Rasansky of Dallas, Jeremi K. Young of Amarillo...
Collin & Parker's Graduation Set for Thursday Morning
Posted on May 27, 2009Point of personal privilege - my six year old twins Collin and Parker graduate from kindergarten tomorrow morning. (That's Parker on the right and Trouble on the left). This is an event so momentous that it was commemorated by all...
Judge Clark finds patent invalid on remand in Finisar v. DirecTV
Posted on May 22, 2009An eagle-eyed reader asked yesterday what effect Judge Clark's May 19 ruling finding the patent invalid in Finisar v. DirecTV, No. 1:05cv264 had on my recent statement that the last 2 1/2 years the results at trial in patent cases...
Eastern District jurors
Posted on May 21, 2009In talking with some of the people who saw parts of the i4i trial which concluded yesterday in Tyler, one thing came out that I thought might be of interest, and that was the education and technical expertise of the...
Motion to Transfer Venue Denied in Patent Case
Posted on May 21, 2009Konami Digital Entertainment Co, Ltd. et al v. Harmonix Music Systems, Inc. et al (6-08-cv-00286) (March 23, 2009) Judge: John D. Love Judge Love denied the defendant's motion to transfer this patent case, making a couple of useful observations. First,...
Yahoo! A verdict in first of two Tyler patent cases
Posted on May 20, 2009The 2007 patent filings continue to work their way through the Eastern District courts this month. Last month saw Judges Ward and Everingham trying two patent cases in Marshall. This month the excitement (if you can call it that) shifted...
Second Tyler verdict results in $200 million against Microsoft
Posted on May 20, 2009The second Tyler case, in Judge Leonard Davis' court came back today with a verdict for plaintiff i4i, Inc. against Microsoft with damages set at $200 million. Jurors found that the infringement was willful. Don't have any other details yet...
SRBPS - Marshall presentations at SBOT 2009 Federal Court Practice seminar
Posted on May 18, 2009Friday afternoon was a busy one for SRBPS - Marshall, as both our paralegal Pam Matthews and I had presentations at the State Bar of Texas 2009 Federal Court Practice seminar in Dallas. First, Pam was on a panel on...
Correction: Judge Mazzant investiture set for Friday (not Thursday)
Posted on May 12, 2009Yesterday I posted that Judge Mazzant's investiture was set for Thursday at 3pm in Sherman. It is actually Friday at 3pm - sorry for the confusion. I had my Thursday and Friday mixed up all day yesterday.
Investiture of Judge Mazzant set for this Thursday in Sherman
Posted on May 11, 2009The official investiture of the Eastern District's newest judge, Magistrate Judge Amos Mazzant of Sherman will take place at 3pm on Thursday of this week in Sherman. The district judges of the Eastern District appointed then-Justice Mazzant, who previously had...
John Malcolm Bales named new U.S. Attorney for Eastern District of Texas
Posted on May 01, 2009John Malcolm Bales will assume the duties of United States Attorney for the Eastern District of Texas at 12:01 am on Friday, May 1, 2009. Bales, 54 of Nacogdoches, has previously served as both First Assistant U.S. Attorney and most...
Federal Courts Set to Conduct First Hearing in Restored Marshall County Courthouse
Posted on April 27, 2009It's been fifteen years in the making, but later this afternoon Judge Chad Everingham is slated to make history by conducting the first judicial hearing in at least 44 years in the restored Harrison County Courthouse across the street from...
Law Office Management: Lawyer v. Airline Seat
Posted on April 26, 2009If your practice is like mine, you spend a fair amount of time in airline seats going to and from meetings, seminars, and various other events. I don't mind flying at all - but being bent over in airline seats...
Marshall Juries Split on a Pair of Patent Cases
Posted on April 24, 2009As I wrote a few days ago, it's been a busy couple of weeks for the court in Marshall, where Judge Everingham has been trying a case downstairs and Judge Ward upstairs, First across the finish line was Opti v....
Judgment entered (again) in Paice v. Toyota - ongoing royalty set at 1/4-1/2%
Posted on April 21, 2009In December 2005 a Marshall jury found for plaintiff Paice in its case against Toyota and awarded approximately $4 million (I was there for closing arguments and recall the plaintiff asking for around $32 million, for what that's worth). In...
CSIRO settles during trial
Posted on April 20, 2009On day 6 of trial, the CSIRO case (CSIRO v. Buffalo et al and Microsoft v. CSIRO). That leaves only two patent cases being tried in the district as we speak, and both are in Marshall, where the taxpayers are...
Motion to Bifurcate and Stay Defendants' Non-Patent Counterclaims Denied
Posted on April 20, 2009j2 Global Communications Inc v. Captaris Inc (6-08-cv-00262) (E.D. Tex. April 16, 2009) Judge: John D. Love Holding: Motion to Bifurcate and Stay Non-Patent Counterclaims DENIED without prejudice Interesting case last week from Judge Love on bifurcation in a patent...
Homer Reynolds III (1961-2009)
Posted on April 20, 2009I am sorry to report the untimely death of one of our partners Homer Reynolds III, who passed away at his ranch in Oklahoma recently. In addition to being a partner in Siebman, Reynolds, Burg, Phillips & Smith, LLP, Homer...
Law Office Management: Ruminations on Briefcases and Office Chairs
Posted on April 18, 2009For readers interested in my ongoing search for the perfect briefcase and discovery of the benefits of a decent office chair, both of significant daily relevance when trying to run a law office efficiently, I have posts on both on...
2009 so far...
Posted on April 17, 2009I was updating my list of recent patent verdicts this afternoon and noticed something noteworthy. Of the five or so patent cases that have reached trial in the Eastern District since the beginning of the year, only one resulted in...
Post-trial Motions Resolved in Mass v. Ergotron
Posted on April 17, 2009Mass Engineered Design, Inc. v. Ergotron, Inc., 2:06cv00272 (E.D. Tex. April 17, 2009) Judge: Leonard Davis Holding: Request for a Permanent Injunction or Ongoing Royalties DENIED; JMOL & motion for new trial DENIED; Motion for post-trial relief granted and requests...
Judge Ward grants JMOL for defendants at close of patent plaintiff's case
Posted on April 13, 2009Trial started in Paradox v. ADT et al in Judge T. John Ward's court in Marshall last Monday. Three days later, when the plaintiff rested Judge Ward granted the defendants' motions for judgment as a matter of law. (Three he...
Trial begins in CSIRO v. Buffalo, et al.
Posted on April 13, 2009A jury was empaneled last week in Commonwealth Scientific and Industrial Research Organisation v. Buffalo Technology (USA), Inc et al 6:06-cv-324 in Judge Davis' court in Tyler, and after a flurry of pretrial activity, evidence was set to start today...
Judgment as a matter of law granted on joint infringement issue
Posted on April 03, 2009Golden Hour Data Systems, Inc. v. emsCharts, Inc. et al, 2:06-cv-381 (April 3, 2009) Judge Ward. This is the case in which Judge Ward found the patent unenforceable due to inequitable conduct two weeks ago, following entry of the jury...
No broad rule of exclusion under Bilski, thus fact issues precluded judgment on the pleadings
Posted on April 03, 2009Versata Software, Inc. et al v. Sun Microsystems, Inc., 2:06-cv-00358 (E.D. Tex., March 31, 2009) Judge: T. John Ward Holding: Defendant's Motion for Judgment on the Pleadings DENIED This one's unpublished for the moment, but will no doubt be soon,...
Limitations in Licensing Agreements Did Not Constitute Patent Misuse
Posted on April 03, 2009Hearing Components, Inc. v. Shure, Inc., 2009 WL 815526(E.D.Tex. Mar 26, 2009) (NO. 9:07-CV-104) Judge: Ron Clark Judge Clark recently conducted a bench trial on the defendant's claims of laches and patent misuse in this case. While he denied the...
Federal Circuit Denies Mandamus in In re Telular
Posted on April 03, 2009September 10, 2008 may go down in Eastern District lore as an important date. Until today it was known, if at all, as the date that the district court denied the motion to transfer in what would become known as...
2009 ED Tex Bench/Bar Conference: Save The Date
Posted on April 02, 2009The 12th Annual Bench/Bar Conference for the U.S. District Court for the Eastern District of Texas will be held on Thursday and Friday October 15 - 16, 2009 at the Westin Stonebriar Hotel in Frisco, Texas. Further details will be...
New officemate
Posted on April 01, 2009Brought two of my boys to the office yesterday after school, and while Grayson (9) was content to just borrow an office to play on his laptop for a couple of hours, Parker (6) decided that the play room was...
Deal Reportedly Struck on Many Patent Reform Act Provisions, Including Venue
Posted on March 31, 2009I just learned that there has apparently been a compromise struck on major parts of the patent reform act currently pending in Congress, which will result in a new manager's bill on the Senate side in the next few days....
Thermapure patent trial ends - sort of
Posted on March 26, 2009On March 19 the jury in the Thermapure v. Water Drying Out Corp case in Judge Everingham's court in Marshall concluded their deliberations with a verdict that was unanimous except for the damages question, i.e. it found infringement, not willful,...
General Order 09-07 amending local rules
Posted on March 26, 2009Judge Folsom signed General Order 090-07 today, which makes some minor additional changes to the local rules based on comments received since the main rules amendment package was implemented in G.O. 09-06. Of interest to practitioners, the most important question...
Source of Marshall Patent Docket?
Posted on March 25, 2009I swear I did not stage this photo. I was visiting the Marshall Public Library with my three boys the other day (see photo at right for proof) and there on the table in the foyer was a copy of...
Sweet Home Chicago ... Baby, Didn't You Want To Go?
Posted on March 25, 2009Come on Oh baby don't you wanna go Back to that same old place Sweet home Chicago Jackson v. Intel Corporation (2-08-cv-00154) (E.D. Tex. March 19, 2009) Judge; T. John Ward Holding: Motion to Transfer GRANTED. Shades of Jake and...
"... Some Days You're the Bug" - Golden Hour v. EMSCharts verdict hits the inequitable conduct windshield
Posted on March 24, 2009Some days you're the windshield. Some days you're the bug. Hit it, Mark. Dire Straits said it best in "The Bug" - one of the better cuts from my favorite album from law school days. Golden Hour Data Systems was...
Patent Case Ends With Post-Jury Selection Summary Judgment
Posted on March 17, 2009Fenner v. Microsoft, et al., 6:07cv8 Judge: Leonard Davis Some cases end with a bang - some with a whimper. This one is probably closer to the latter. This is a patent case brought by the plaintiff against defendants Nintendo...
"Art at Work": March/April 2009 featured artist Bob Metzger
Posted on March 11, 2009Our featured artist for the Art at Work program for March and April is Bob Metzger of Marshall, who can reached at smanor@shreve.net. Bob is a retired engineer and comes to Marshall from Michigan. He works from his studio in...
ED Tex Bar Association president
Posted on March 10, 2009ED Tex Bar Association president Larry Phillips of Sherman, who puts the P in SRBPS, but really prefers to be associated with the letter R, announced that in an effort to stay out of the way of hurricanes this year...
Patent Verdict Cut by 2/3 Postverdict
Posted on March 10, 2009Hearing Components, Inc v. Shure, Inc (9-07-cv-00104) (E.D. Tex. March 6, 2009)Judge Clark. The jury in this case returned a verdict for the plaintiff and awarded damages of $4.622 million on January 21 in Judge Clark's court. Defendant Shure filed...
No, not that do-over.
Posted on February 26, 2009Saffran, M.D., Ph.D., v. Johnson & Johnson et al, (2-07-cv-00451) (E.D. Tex. Feb. 24, 2009)Judge: T. John WardOn Tuesday Judge Ward granted the plaintiff's motion to strike the defendant's invalidity contentions, but granted leave to submit new contentions that comply...
"Good Cause" Not Shown for Transfer to Michigan
Posted on February 25, 2009MHL TEK, LLC v. Nissan Motor Co. et al (2-07-cv-00289) (E.D. Tex. Feb. 23, 2009)Judge: T. John WardIn this case Judge Ward was asked to reconsider his decision of September 10, 2008 (pre VW Tech) denying the defendants' motion to...
j2 II Leaves Spacedock
Posted on February 24, 2009j2 Global Communications Inc v. Protus IP Solutions Inc (6-08-cv-00211) (E.D. Tex. Feb. 20, 2009)Judge: John LoveWell, it may not be as extensive as the refit the starship Enterprise is set to undergo before its return to the big screen...
Settlement Held Not a Basis for Vacatur of Inequitable Conduct Findings. Rinse. Repeat
Posted on February 20, 2009Medtronic Vascular, Inc. v. Boston Scientific Corp., 2009 WL 383237(E.D.Tex. Feb 11, 2009) (NO. CIV.A. 2:06-CV-78).Avid Identification Systems, Inc. v. Philips Semiconductors Inc., 2009 WL 383232(E.D.Tex. Feb 11, 2009) (NO. 2:04-CV-183).Judge: T. John WardBack to twins again...
"Dispositive Motion Practice" paper - request for help
Posted on February 19, 2009Need some help from readers.I have been asked to present a paper on dispositive motions at the upcoming State Bar of Texas Federal Court Practice seminar in Dallas on May 15, 2009. The topic is a routine one, but I...
Firm disqualified due to concurrent representation of opponent's affiliated entity
Posted on February 18, 2009Honeywell Intern. Inc. v. Philips Lumileds Lighting Co., 2009 WL 256831(E.D.Tex. Jan 06, 2009) (NO. 2:07-CV-463-CE)Judge: Chad EveringhamJudge Everingham granted the defendant's motion to disqualify the Paul Hastings firm (PHJW) from representing the plaintiff in this case, due to the...
New Local Rule Amendments - effective March 6, 2009
Posted on February 17, 2009On February 10, Chief Judge Folsom signed General Order 09-06 Download 09-6 with the 2008 amendments to the Eastern District's rules (the delay was due to Hurricane Ike, who resulted in the cancellation of last October's bench/bar, which is when...
Swinging at Experts in Sherman
Posted on February 12, 2009Williams v. Toyota Motor Corp., 2009 WL 305139(E.D.Tex. Feb 06, 2009) (NO. 4:08-CV-487)Williams v. Toyota Motor Corp., 2009 WL 305183(E.D.Tex. Feb 06, 2009) (NO. 4:08-CV-487)These two opinions represent Judge Schell's rulings on the parties' respective motions to exclude certain of...
The Dog Ate My Summons (well, sort of)
Posted on February 12, 2009Sipco, LLC v. Amazon.com, Inc. et al, (2-08-cv-00359)(Feb. 10, 2009)Judge: David FolsomHolding: Motion to Set Aside Default/Dismissal GRANTEDThe defendant had a default taken against it and sought to set it aside on the basis that water damage in its office...
How Not to Appeal a Markman Ruling
Posted on February 09, 2009SciCo Tec GmbH v. Boston Scienific Corp., --- F.Supp.2d ----, 2009 WL 259742(E.D.Tex. Jan 30, 2009) (NO. CIV.A. 9:07-CV-76)Judge: Ron ClarkThis is a patent case (well, obviously - not a lot of Markman rulings outside of patent cases). Judge Giblin...
Motion for Summary Judgment on Standing Denied in Design Patent Case
Posted on February 09, 2009Dexas Intern., Ltd. v. Office Max Inc., 2009 WL 252166(E.D.Tex. Jan 28, 2009) (NO. CIVA 6:07CV396)Judge: John LoveThis a design patent case in which the defendant claimed the plaintiff did not acquire all of the bundle of sticks from the...
Motion for Permanent Injunction Denied; "Preliminary" Ongoing Royalty Rate Set
Posted on February 06, 2009Mass Engineered Design, Inc. v. Ergotron, Inc., 2:06cv00272 (E.D. Tex. February 4, 2009)Judge: Leonard DavisHolding: Request for a Permanent Injunction or Ongoing Royalties DENIEDJudge Davis denied Dell's motion for a permanent injunction and also rejected the notion of an annual...
Motion to Strike Patent Plaintiff's Declaratory Action Counterclaims Granted
Posted on February 03, 2009Catalina Marketing Corporation v. LDM Group, LLC, (2-07-cv-00477) TXED Judge: T. John WardHolding: Motion to Strike Claims GRANTEDThe rest of the legal media is treating this case as the third is a trio of orders granting motions to transfer patent...
Plaintiff's Motion for Leave to Amend Infringement Contentions Granted
Posted on February 03, 2009Arbitron, Inc. v. International Demographics Inc., 2009 WL 166555(E.D.Tex. Jan 16, 2009) (NO. 2:06-CV-434 (TJW))Judge: T. John WardHolding: Motion to Amend Infringement Contentions GRANTEDPlaintiff sought leave to amends its infringement contentions to add an allegation of an infringing offer for...
Motion to Transfer Venue Denied in Patent Case
Posted on February 03, 2009Novartis Vaccines & Diagnostics v. Hoffman-La Roche, 2:07cv507 (E.D. Tex. Feb. 3, 2009)Judge: David FolsomHolding: Motion to Transfer Venue DENIED; Motion to Dismiss DENIEDWell if barbecue sauce isn't a factor in this venue analysis, it should have been...
Battle of the Blawgs on Texarkana Young Lawyers Association Newsletter
Posted on February 03, 2009Morgan Vaughan of Texarkana's Haltom & Doan was nice enough to send me a copy of the Texarkana Young Lawyers Association's current newsletter Download February.Newsletter (a very well done publication, by the way) which contains at page 4 a listing...
Another "Regional" Patent Case Transferred
Posted on February 02, 2009Friday was a busy day for transfer orders. In addition to the Odom v. Microsoft case, in which Judge Love transferred a case by an Oregon plaintiff against a Washington defendant with Oregon law issues to Oregon, Judge Folsom transferred...
Patent Hawk inventor's case transferred from Texas to Oregon, citing In re TS Tech
Posted on January 31, 2009Odom v. Microsoft, 6:08cv331 (Jan. 30, 2009)Judge: John LoveHolding: Defendant's Motion to Transfer Venue GRANTEDIt took exactly one month for the first Eastern District venue opinion in a patent case reflecting the Federal Circuit's recent opinion in In re TS...
Beaumont jury finds patent not infringed and invalid
Posted on January 30, 2009Beaumont magistrate judge Keith Giblin was late - very late - for the Eastern District judges' meeting yesterday afternoon, but with good reason. Judge Giblin just tried to a jury verdict his first patent case, with the jury returning a...
Motion to Transfer Denied in Products Case
Posted on January 30, 2009Woods v. General Motors Corp., 2009 WL 185421(E.D.Tex. Jan 16, 2009) (NO. CIV.A. 2-08CV-122)Judge: T. John WardHolding: Motion to Transfer Venue DENIEDThis is a product liability case in which the plaintiff alleges her daughter died in a car wreck fire...
Product Liability Case Transferred
Posted on January 30, 2009Simmons v. Ford Motor Co., 2009 WL 173850(E.D.Tex. Jan 05, 2009) (NO. CIV.A. 2:07-CV-098)Judge: David FolsomHolding: Motion to Transfer Venue GRANTEDSimmons v. Ford appears to be the first venue order in a product liability case from the Eastern District to...
Summary Judgment Granted on Misappropriation Claim
Posted on January 30, 2009Mathworks, Inc. v. Comsol AB, 2008 WL 5544933(E.D.Tex. Oct 07, 2008) (NO. 6:06-CV-335)Judge: Leonard DavisHolding: This order memorializes Judge Davis' rulings from the pretrial conference. At that time he denied the defendant's motion for summary judgment as to MathWorks's copyright...
Another patent verdict from Lufkin
Posted on January 29, 2009On January 21, the jury in Judge Ron Clark's court rendered a verdict in Hearing Components v. Shure, 9:07cv104. Yes on infringement, no on invalidity defenses, and damages of approximately $4.6 million.
How to Make Visiting Lawyers Happy - part 1: Desktop Power Outlets
Posted on January 27, 2009In our continuing attempt to make life easier for the out of town lawyers visiting our office while in town for hearings or depositions, we recently replaced all the desktop lamps in our visiting lawyer offices with new hotel-style lamps...
Judgment Entered in Medtronic v. Boston Scientific
Posted on January 27, 2009On January 23, 2009, Judge T. John Ward entered a final judgment in this case. It's been a long road for the case since trial, when the plaintiff obtained a jury verdict for $250 million. Since then the verdict has...
Justice Amos Mazzant named new Eastern District magistrate judge
Posted on January 27, 2009The district judges of the Eastern District on January 9 appointed Justice Amos Mazzant (to the right in this picture from the Baylor Law School reception at the State Bar convention last summer - no clue who the guy on...
Defendant Sanctioned for Failure to Comply With Discovery Obligations; No Fees to Plaintiff Due to Failure to Comply With Meet and Confer Rules
Posted on January 26, 2009Laserdynamics, Inc. v. Asus Computer Int'l, 2009 WL 153161(E.D.Tex. Jan 21, 2009) (NO. 2:06-CV-348)Judge: Chad EveringhamHolding: Motions to Compel GRANTEDJudge Everingham noted that prior to the claim construction hearing in this case, the parties filed eight discovery motions...
Motion to Transfer Product Liability Case Denied
Posted on January 26, 2009Espinosa v. Graco Children's Products, Inc., 2009 WL 137526(E.D.Tex. Jan 20, 2009) (NO. 2:07-CV-517)Judge: Chad EveringhamHolding: Motion to Transfer Venue DENIEDThis is a product liability case arising out of the alleged failure of a child seat. Plaintiffs are from Slidell,...
Law Office Management: Manage Your Life with Outlook For Dummies - Greg Harvey
Posted on January 24, 2009No, this isn't a renegade book review post from my personal weblog Puttering in the Study. It's a review of how this very useful book on using Microsoft Outlook has helped me make my use of the program far more...
Objections to Submission of Future Royalty Rate to Jury
Posted on January 22, 2009Cummins-Allison Corp. v. SBM Co., Ltd., 584 F.Supp.2d 916 (E.D.Tex. Nov 03, 2008) (NO. 9:07 CV 196)Judge: Ron ClarkHolding: Objections to Submission of Future Royalty Rate to Jury OVERRULEDAs readers know, Judge Clark recently started issuing orders indicating he would...
Law Office Management: Internet Faxing
Posted on January 20, 2009One of the things I covered in my article on starting a new law office in the Texas Bar Journal was Internet faxing, i.e. getting your faxes via the Internet rather than a standalone fax machine. I stand by that...
Congratulations, Mr. President
Posted on January 20, 2009Congratulations to President Obama and the incoming administration, and best wishes to the members of the outgoing Bush administration.
Judgment and injunction entered in Ariba v. Emptoris
Posted on January 20, 2009Also this fall, a Lufkin jury in Judge Ron Clark's court returned a verdict for the plaintiff in Ariba v. Emptoris, 9:07cv0090-RHC. The jury found infringement, but split on willfulness, finding one claim not, and one yes. No on invalidity,...
Eastern District Jury's Verdict for Patent Defendant Affirmed: Plaintiff's JMOL Denied
Posted on January 20, 2009Candela Corp. v. Palomar Medical Technologies, 2008 WL 5480563 (E.D. Tex. Dec. 30, 2008).Judge: Ron ClarkHolding: Plaintiff's Motion to Set Aside Jury's Burning of Patent at the Stake DENIEDWhen speaking at seminars, like last week, I often get asked what...
"Intellectual Property Litigation" - Winter 2008 SBOT Litigation Section "Advocate" magazine
Posted on January 16, 2009You can tell how far behind I am when I post on issues of a quarterly magazine back to back. The latest Advocate issue, which I just saw yesterday in our Litigation Section meeting, is "Intellectual Property Litigation" and has...
"Five Year Retrospective on House Bill 4" - Fall 2008 SBOT Litigation Section "Advocate" magazine
Posted on January 16, 2009I try to post on the great work that editor Lonny Hoffman and his editorial board are doing with the Litigation Section's quarterly Advocate magazine. They hit another home run with the fall 2008 issue, which is a five year...
"Intellectual Property and Patent Litigation Update" - SBOT Litigation Update seminar
Posted on January 16, 2009I presented this morning at the State Bar's annual Litigation Update seminar in San Antonio on "Intellectual Property and Patent Litigation Update". As my laptop ate my slide show, I just went through the paper I sent in last month,...
Motion to Transfer Patent Case Denied (citing In re VW II)
Posted on January 14, 2009J2 Global Communications, Inc. v. Protus IP Solutions, Inc., 2008 WL 5378010(E.D.Tex. Dec 23, 2008) (NO. CIV.A. 6:08-CV-211, CIV.A. 6:08-CV-275, CIV.A. 6:08-CV-262, CIV.A. 6:08-CV-263)Judge: John LoveHolding: Motion to Transfer Venue DENIEDInteresting fact situation in this, one of the first venue...
Happy First Anniversary SRBPS - Marshall
Posted on January 14, 2009Yes, it's now officially been one year since I joined SRBPS and opened our new Marshall office. It's been one of the best professional experiences I've ever had, and I want to thank everyone who made it possible. Of course...
New Chief Judge - U.S. District Judge David Folsom of Texarkana
Posted on January 05, 2009Effective January 1, 2009, U.S. District Judge David Folsom of Texarkana has assumed the duties of Chief Judge of the Eastern District of Texas, succeeding Judge Thad Heartfield of Beaumont. Congratulations to Judge Folsom on his new duties and on...
Bear Essentials: Toolbox for Starting Your Own Practice
Posted on January 05, 2009According to Baylor Law School, on Wednesday, January 7 at 3:30 pm, "Michael C. Smith ('92) of Siebman, Reynolds, Burg, Phillips & Smith will speak on ethical concerns and practical pointers to starting a new law office. This will be...
Federal Circuit Grants Mandamus in Venue Case
Posted on December 29, 2008The e-mails are flying today over the Federal Circuit's decision today to grant a petition for mandamus transferring a Marshall patent case between a Michigan plaintiff and defendants from Ohio and Canada in IN RE TS TECH USA CORPORATION, TS...
SRBPS 2008 Christmas Card - Twas the Night Before Christmas by Marshall artist Carol Pace
Posted on December 22, 2008The 2008 Christmas card from SRBPS - Marshall is the original watercolor painting Twas the Night Before Christmas of the historic Harrison County Courthouse during the holiday season by Marshall artist Carol Pace. Carol, as readers may recall, was the...
In Memoriam: Franklin Jones, Jr.
Posted on December 22, 2008The flag in front of the federal courthouse in Marshall is flying at half staff today in advance of this morning's funeral services for Marshall lawyer Franklin Jones, Jr. (for full obituary, click here). Franklin was the third generation of...
Petition for Writ of Certiorari Filed in In re Volkswagen
Posted on December 11, 2008Plaintiffs filed their petition for cert in the In re Volkswagen case Tuesday. Texas Parte blog had a brief, but informative post about it a couple of days ago, featuring comments from plaintiff's counsel Martin J. Siegel of Houston.
Court Suspends Annual Attorney Admission Fee
Posted on December 08, 2008Having trouble making ends meet? The Eastern District is here to help. Chief Judge Heartfield just signed General Order 08-14, which suspends the collection of the $10 per year local attorney admission fee effective immediately, until further order of the...
Swearing in of new clerks / patent case status conferences
Posted on December 04, 2008Tuesday's patent case status conferences in Marshall were unexpectedly preceded by a point of personal privilege, as I think Judge Ward put it, when all three of his and Judge Everingham's new law clerks were sworn in as members of...
Summary judgment granted on state law claims in West v. Perry
Posted on December 01, 2008Trial starts tomorrow in this case, but the defendant scored a win today, as Judge Davis affirmed Judge Love's report and recommendation that the defendant's motion for summary judgment as to the plaintiff's state law claims for infringement of state...
Patent verdict in Golden Hour v. emsCharts case
Posted on December 01, 2008Who says juries don't work hard? It wasn't until after sending out seven notes that the jury in the Golden Hour Data Systems, Inc. v. emsCharts, Inc., 2:06cv381 case pending in Judge Ward's court in Marshall returned a verdict. The...
Stay Pending Reexam Denied in ESN v. Cisco - Rumblings About Efficacy of Inter Partes Reexam
Posted on November 26, 2008Peter Zura has a good post analyzing Judge Folsom's recent decision denying a motion to stay in the ESN v. Cisco litigation. He points out that Judge Folsom was not persuaded by the claims made about the relative merits (which...
Marshall's "Wonderland of Lights" Begins
Posted on November 26, 2008Jurors in the Golden Hour Data Systems v. emsCharts case being tried in Marshall federal court this week will get a surprise tonight when they leave the courthouse and see the image to the left. This year's Wonderland of Lights...
"Why Apple Got Sued in Texas" - Wall Street Journal - Nov. 24, 2008
Posted on November 25, 2008Good short article in the Wall Street Journal's Business Technology section here yesterday by reporter Ben Worthen on the recent patent case filed against Apple in the Eastern District of Texas. Ben goes into the background of the district's patent...
Marshall Jury Returns Infringement Verdict Against All Parties
Posted on November 20, 2008I'll post more details later, but I just learned that the Marshall jury in Judge Davis' Mass v. Ergotron case returned infringement verdicts for both sides yesterday. Plaintiff asked the jury for $64 million and got $1.5 million from the...
Patent verdict in Agere v. Sony in Marshall
Posted on November 17, 2008Well, one of the two Marshall cases is now done. This afternoon the Marshall jury in Judge Everingham's court rendered a plaintiff's verdict in Agere v. Sony, 2:96cv79. The jury found that the accused Mylo personal communicator and Network Walkman...
Motion to Dismiss Patent Case for Lack of Prudential Standing Denied - Post-Filing Reassignment Permissibly "Closed the gap" in Plaintiff's Legal Title
Posted on November 10, 2008Positive Tech. v. LG Display Co., Ltd., 2008 WL 4425372 (E.D. Tex. Sept. 24, 2008).Judge: T. John WardHolding: Defendant's Motion to Dismiss for Lack of Standing DENIEDIn this very useful opinion Judge Ward set forth the applicable law on the...
Motion for Stay Denied in "only if" case on remand
Posted on November 10, 200802 Micro Intern. Ltd. v. Beyond Innovation Technology Co., Ltd., 2008 WL 4809093 (E.D.Tex.,2008)Judge: T. John Ward.Holding: Motion for Stay DeniedOn May 15, 2006, a jury in this case found that defendants willfully infringed claims 1, 15, 35, and 39...
Bilksi - audio podcast from law professors
Posted on November 10, 2008One of the weblog readers that I'm had the pleasure of working with recently is Professor Doug Lichtman, who teaches at the law school at UCLA. Professor Rob Merges from Berkeley, Professor John Duffy from GWU , and Professor Lichtman...
45th Annual Conference on Intellectual Property Law - CAIL
Posted on November 10, 2008The Center for American and International Law is holding its 46th Annual Conference on Intellectual Property Law (CAILAW) at its headquarters in Plano today and tomorrow. More information can be obtained at the seminar's website. I will be posting during...
Another patent verdict in Lufkin
Posted on November 05, 2008Another patent case was decided by an Eastern District jury last week. A day after the Pioneer v. Samsung verdict in Marshall, a Lufkin jury in Judge Ron Clark's court returned a verdict for the plaintiff in Ariba v. Emptoris,...
13th Annual Advanced Patent Law Institute - Austin, Texas
Posted on October 30, 2008Today and tomorrow I'm attending the UT CLE Advanced Patent Law Institute in Austin, Texas. Today's highlights (for me) was an very good presentation on Forum Selection and Local Rules by John Torkelson of Carrington, Coleman, and a judicial panel...
Federal Circuit Reverse Position on Business Method Patents in Bilski
Posted on October 30, 2008Thought readers might be interested in this - as just reported, earlier today the Federal Circuit largely disavowed business methods in the Bilski case - for more information, see here.
The Plaintiff Strikes Back: Eastern District Jury Returns $59 Million Verdict in Patent Case
Posted on October 29, 2008The back and forth of patent verdicts in the Eastern District continues (not that that's exactly news). After back to back defense verdicts in patent cases in recent weeks the plaintiffs scored a win yesterday in Pioneer v. Samsung, 2:0cv384....
Defense Verdict in Lufkin Patent Case; Noninfringement and Claims Invalid
Posted on October 27, 2008On October 7, a Lufkin jury in Judge Clark's court rendered a defense verdict in the Candela Corp. v. Polmar Medical Technologies case, 9:06cv277. The jury found their neither accused product accused any of the asserted claims. Wait - the...
Oops!: Mistakenly-Filed Documents Sealed, Not Removed from Clerk's File
Posted on October 27, 2008Motorola, Inc. v. Analog Devices, Inc., 2003 WL 25778434(E.D.Tex. Jun 06, 2003) (NO. 1:03-CV-131)Judge: Ron ClarkHolding: Joint Stipulation Regarding Removal of Documents from District Clerk's File GRANTED in part.Ever had one of those days? One of the parties in this...
"All The News That's Fit to Blawg" - Panel at CAILAW 45th Annual Conference on Intellectual Property Law
Posted on October 27, 2008The Center for American and International Law is holding its 46th Annual Conference on Intellectual Property Law (CAILAW) at its headquarters in Plano on November 10-11, 2008. More information can be obtained at the seminar's website. The two-day seminar provides...
"Art at Work": October/November 2008 featured artist Sally Martin
Posted on October 27, 2008Unfortunately I'm a month late posting on it, but last month our office got its customary change of decor, this time to paintings by local artist Sally Martin. sally specializes in paintings about Caddo Lake. You can find out more...
New Magistrate Judge Position in Sherman
Posted on October 24, 2008Looking for work due to the credit market crisis? Spouse getting tired of you issuing reports and recommendations about the housework? The phrase de novo make you all tingly?Well, the Judicial Conference of the United States has authorized the appointment...
Back from vacation
Posted on October 22, 2008Just got back in the office this morning from an extended vacation - thanks for the numerous e-mails from readers wondering if something was wrong! Will have posts up on some recent verdicts, interesting opinions, and the Fifth Circuit's opinion...
Inequitable conduct defense rejected in Rembrandt case
Posted on September 29, 2008Rembrandt v. CIBA, 2:05cv491 (CE) (Sept. 26, 2008)Judge: Chad EveringhamHolding: Inequitable conduct defense rejectedThe jury in Judge Everingham's court in Marshall returned a verdict in this case for the plaintiff earlier this year. After sending out five notes, the jury...
CSIRO v. Buffalo infringement holding vacated for reconsideration in light of KSR; Federal Circuit Mum on Whether Grant of Injunction Appropriate
Posted on September 26, 2008CSIRO v. Buffalo Technology, Inc., No. 2007-1449 (Federal Circuit, Sept. 19, 2007)In the fall of 2006, Judge Leonard Davis resolved this case on cross-motions for summary judgment (at the parties' request in lieu of a trial), finding for the plaintiff...
Drivers' Privacy Protection Act (DPPA) Class Action Dismissed
Posted on September 24, 2008Note: This guest post is by Karl Neudorfer of Seyfarth Shaw, LLP, who was my cocounsel representing one of the defendants in the Taylor v. Acxiom case discussed below. The outcome of the case made him precisely as happy as...
I am happy to report that my partner
Posted on September 23, 2008I am happy to report that my partner Clyde Siebman and I have been recognized in the 2008 edition of Texas Super Lawyers. The complete profile of our firm from the publication can be downloaded here. Download TXSL08_Siebman.pdf (No comment...
Good Service Down Under
Posted on September 23, 2008Retractable Technologies, Inc. v. Occupational & Medical Innovations, Ltd., --- F.Supp.2d ----, 2008 WL 4287579(E.D.Tex. Sep 11, 2008) (NO. 6:08CV120)Judge: Leonard DavisHolding: Defendant?s Motion to Dismiss under Federal Rule of Civil Procedure 12(b)(5) DENIEDThis was a dispute over the sufficiency...
Summary Judgment of Noninfringement Granted in Part
Posted on September 22, 2008Renhcol Inc. v. Don Best Sports, 548 F.Supp.2d 356 (E.D.Tex. Apr 28, 2008) (NO. 2:06-CV-318) Judge: Leonard DavisHolding: Motion for Summary Judgment of Noninfringement GRANTED in partThe patentee brought this action against foreign website operators, alleging infringement of its patent...
P.R. 3-1(c) and the requirement of separate claim charts
Posted on September 22, 2008Juxtacomm Technologies, Inc. v. Ascential Software Corp, 548 F.Supp.2d 379 (E.D.Tex. May 02, 2008) (NO. 2:07CV359) Judge: Leonard DavisHolding: Motion for Partial Judgment on the Pleadings DENIEDOne of the defendants in this patent case sought partial judgment on the pleadings...
"Blatant disregard" of the local rules of meeting and conferring
Posted on September 19, 2008Think maybe you ought to read the new local rules on meeting and conferring? Today Judge Ward issued this order denying a motion to compel. It read (in its entirety):Before the court is Defendant?s Motion to Compel (Dkt. No. 22)....
2008 Bench/Bar cancelled
Posted on September 18, 2008Due to the continuing problems as a result of Hurricane Ike, it's my understanding that the 2008 Bench/Bar has been cancelled. In other hurricane-related news, Judge Crone has joined Judge Clark in temporarily relocating her chambers, in her case to....
Motion for Stay Pending Reexamination Granted
Posted on September 18, 2008Microlinc, LLC v. Intel, 2:07cv488 (E.D. Tex. 9/16/08)Judge: T. John WardHolding: Motion for Stay Pending Reexamination GRANTED"This case presents an exceptional set of circumstances warranting stay," Judge Ward wrote, adding that "[t]his is not the typical case where a defendant...
Hurricane Ike - Eastern District Developments
Posted on September 17, 2008As reflected in General Order 08-11, the Beaumont courthouse has been closed pending further order due to the weather and power outage-related effects of the Hurricane Ike. As was the case three years ago, some of the Beaumont judges are...
Field of Dreams
Posted on September 17, 2008Yeah, this is off-topic - so sue me. Last night a Smith (one of my Smiths anyway) returned to the gridiron in Marshall for the first time in 33 years, when my nine year old Grayson had his first practice...
Patent Jury Instructions Handbook
Posted on September 17, 2008Many weblog readers also follow the Patent Happenings monthly case digest put out by Robert Matthews of Latimer, Mayberry & Matthews IP Law, LLP, whjo also edits West's Annotated Patent Digest (shown). I just learned that his Patent Jury Instructions...
Defense verdict in Marshall patent case
Posted on September 12, 2008I'm out of the office at the moment and will add details later, but a Marshall jury in Judge Everingham's court yesterday returned a defense verdict in Cooper Technologies v. Thomas & Betts Corp., 2:06cv242, finding one patent infringed but...
Busy day in the Marshall courthouse
Posted on September 11, 2008The taxpayers are certainly getting their money's worth out of the Marshall courthouse today. I was over for a discovery hearing and got shushed going down the hall because Judge Ward was beginning evidence in a patent jury trial upstairs...
PATracer looks at filing under seal in ED Texas
Posted on September 11, 2008Patent Appeal Tracer is running a series of posts on the issue of filings under seal, and recently published a comment I did on some of the background for such filings in the Eastern District. Their post raises some good...
Summary Judgment Rulings in "Petty Squabbles" Case
Posted on September 10, 2008Candela v. Palomar Medical Technologies, Inc., 9:06cv277 (E.D. Tex. 2008)Judge: Ron ClarkHolding: Motions for Summary Judgment DENIED (mostly)Judge Clark's trial management order I posted on separately was accompanied by rulings on three pending summary judgment motions...
"Petty Squabbles and Disputes" in Lufkin
Posted on September 10, 2008Candela v. Palomar Medical Technologies, Inc., 9:06cv277 (E.D. Tex. 2008)Judge: Ron ClarkHolding: Rebuttal Report & Trial Exhibit & Witness List Motions DISMISSEDI try and I try not to post on unpublished orders from the Eastern District judges except on rare...
Iovate v. BSN nears trial
Posted on September 03, 2008Iovate v. BSN, 9:07-CV-46 (E.D. Tex. 1/31/08)Judge: Ron ClarkHolding: Various Pretrial RulingsI have been following this case on nutritional supplements all year for some reason, despite the fact that Judge Clark granted my client's motion to dismiss for improper venue...
Medtronic Verdict Against Boston Scientific Cut Again - this time to $19 million
Posted on September 03, 2008Medtronic v. Boston Scientific Corp., 2:06cv078-TJW (E.D. Tex. August 29, 2008)Judge: T. John WardHolding: (Another) Damages Award ReductionAbout six weeks ago Judge Ward has granted part of Boston Scientific's motion for JMOL on the damages in this patent case...
More "Art at Work" - Andy Tindel's office gallery in Tyler
Posted on August 29, 2008I was recently taken to task by my friend Andy Tindel over at Provost Umphrey in Tyler for claiming I was high society for having a dozen pieces of original art (not including that by my kids) on display. He...
Twombly and Patent Pleadings in the Eastern District of Texas
Posted on August 29, 2008FotoMedia Technologies, LLC v. AOL, LLC. et al, 2:07-cv-255 (E.D. Tex. Aug. 29, 2008)Judge: Chad EveringhamHolding: Report and Recommendation that Motion to Dismiss / for More Definite Statement Be DENIEDOne of the more intriguing questions in federal litigation in the...
Claims construction not changed in subsequent case
Posted on August 28, 2008LaserDynamics, Inc. v. Asus Computer Intern., 2008 WL 3914095(E.D.Tex. Aug 18, 2008) Judge: Chad EveringhamHolding: Motion to Modify Claim Construction ruling DENIED pretty much. The parties in this case asked Judge Everingham to modify certain of the claim construction rulings...
Texas Bar Journal editorial board
Posted on August 28, 2008SBOT President Harper Estes appointed me to one other thing this year, and that was to return me to the editorial board of the Texas Bar Journal, this time as vice chair. I was originally appointed to a three year...
State Bar of Texas Committee Review Task Force
Posted on August 28, 2008State Bar President Harper Estes recently appointed me to the State Bar's 2008-09 Committee Review Task Force. Briefly, as part of the State Bar's last sunset review before the Legislature, the Bar was required to review its standing committee structure...
epicRealm patent case tried to verdict in Texarkana
Posted on August 26, 2008Friday late afternoon Judge Folsom charged the jury in the case formerly known as epicRealm (plaintiff is now named Parallel Networks, LLC) against defendants FriendFinder and Various, Inc. As I posted recently, a number of the claims in this case...
"Practicing in Federal Court: 2008 Update" - ED Tex Local Rules meet Origami at a Northeast Texas Association of Paralegals meeting
Posted on August 20, 2008This afternoon I spoke at the NTAP monthly meeting on the subject to Practicing in Federal Court - 2008 Update, mainly about recent amendments to the local rules as they affect paralegals. While preparing my talk it occurred to me...
Motion for Summary Judgment of Noninfringement Granted In Part, Denied in Part; Motion to Strike Expert Declaration Granted
Posted on August 20, 2008EpicRealm, Licensing, LP and Parallel Networks LLC v. Autoflex Leasing, Inc., et al; No. 5:07-cv-125-DF; and EpicRealm, Licensing, LP and Parallel Networks LLC v. Various, Inc.; No. 5:07-cv-135-DF (consolidated) Judge: David Folsom Holding: Defendants' Motion for Summary Judgment of Noninfringement...
Final judgment entered in Pressure Products case
Posted on August 20, 2008Pressure Products Medical Supplies v. Quan Emerteq Corp., No. 9:06cv121 Judge: Ron Clark Holding: Final Judgment In June of this year the Beaumont jury in Judge Clark's court (passing on a Lufkin case tried in Beaumont) returned a verdict in...
Digital Voice Recorder
Posted on August 20, 2008I received a lot of e-mails after my Starting a New Law Office article ran in the Texas Bar Journal about my solution to the dictation issue, so I thought I'd reprint what I told people. To recap, like most...
"Eastern District Rocket Docket Decelerates in Marshall Division" - Texas Lawyer article
Posted on August 15, 2008Next week's Texas Lawyer will have a good article on the current state of the Marshall Division patent docket by reporter Mary Alice Robbins, Eastern District Rocket Docket Decelerates in Marshall Division. The data and the trend is nothing new...
12th Annual Eastern District Bench/Bar Conference announced
Posted on August 14, 2008The brochures for the 12th annual Eastern District bench/bar conference went out by e-mail today. The conference will be held at the Moody Gardens Conference Center in Galveston, Texas, on October 16 and 17, 2008. If you didn't get a...
Plano Courthouse Dedication
Posted on August 14, 2008Yesterday was the dedication ceremony for the newest federal courthouse in the Eastern District of Texas, in Plano, which is a suburb immediately north of Dallas. The new courthouse is a second place of holding court for the Sherman Division,...
SBOT Litigation Section News for the Bar - Summer 2008
Posted on August 14, 2008Another very good issue of the State Bar of Texas Litigation Section's News for the Bar. This summer's issue concludes with a very, very well-done judicial profile, A Look at the Man Behind the Patent ?Rocket Docket?? The Hon. T....
PA Tracer - "On the Radar" July 2008
Posted on August 12, 2008If you haven't been able to get your fix of patent filing stats, take a look at this months, On the Radar over at PATracer. Filings on new patent cases are remaining fairly steady at 241 cases in 50 districts...
Court Declines to Hold Texas Absentee Ballot Law Unconstitutional
Posted on August 08, 2008Yesterday, Judge T. John Ward in Marshall declined to strike down as unconstitutional a recent Texas law which imposes restrictions on the rights of elderly and disabled voters to seek assistance in casting their ballots by restricting the number of....
Medtronic v. Boston Scientific damages cut by $63.91 million
Posted on August 08, 2008Medtronic v. Boston Scientific Corp., 2:06cv078-TJW (E.D. Tex. August 1, 2008) Judge: T. John Ward Holding: Damages Award Reduction Three weeks ago I reported that Judge Ward has granted part of Boston Scientific's motion for JMOL on the damages in...
Patent verdict in Lufkin case
Posted on August 08, 2008A Beaumont jury rendered a verdict in the Deep Nines v. McAfee case on July 15. (This is a Lufkin case which was tried in Beaumont, so no, that's not a typo). With respect to McAfee's IntruShield product line, it...
Current issue of State Bar Litigation Section "The Advocate": Criminal Law Issues for Civil Litigation
Posted on August 07, 2008I just finished reading the current issue of the Litigation Section?s outstanding quarterly ?report? The Advocate and wanted to mention some of the articles that might be of interest to readers. As Editor in Chief Lonny Hoffman notes in his...
Stay Pending Reexamination Granted (case now reported)
Posted on August 07, 2008Premier Intern. Associates LLC v. Hewlett-Packard Co., 554 F.Supp.2d 717 (E.D.Tex. May 19, 2008) (NO. 2:07-CV-395(DF), 2:07-CV-396(DF)) Judge: David Folsom Holding: Stay Pending Reexamination GRANTED As I previously posted three months ago, this is the "no two bites at the...
More on Judge Clark's orders on future damages in patent cases
Posted on August 07, 2008I recently posted on Judge Clark's order regarding sending some future damages issues to juries in patent cases. Lynne Marek of the National Law Journal did an article on the subject this week, just reprinted in Texas Lawyer, that does...
Another Texas lawyer features art in office
Posted on August 07, 2008Tex Parte Blog recently featured another Texas lawyer who's hosting artwork at his office, Fort Worth bankruptcy lawyer J. Michael McBride, who now has a link to his firm's website on the screens of the approximately fifteen hundred people a...
"Art at Work": August/September 2008 featured artist Jo Anne Imhoff
Posted on August 07, 2008Our featured artist for August and September is well-known local artist Jo Anne Imhoff. Jo Anne specializes in images of Caddo Lake, and all the artwork up is of lake scenes. (I have to admit my favorite is actually a...
TexasBarCLE Advanced Patent Litigation Course - Day 1
Posted on August 01, 2008This week my travels in the wonderful world of patent litigation take me to Carlsbad, California (just north of San Diego) where this morning I participated in the opening seminar of the 4th annual TexasBarCLE Advanced Patent Litigation Course. Following...
TexasBarCLE Advanced Patent Litigation Course ? Day 2
Posted on August 01, 2008Day Two of the course opened with a presentation on ethical issues surrounding client representation, followed by a very helpful session on Markman hearings with Marshall and Texarkana magistrate judges Caroline Craven and Chad Everingham. (Hot tip - don't use...
Order on Judge Clark's future damages order
Posted on July 31, 2008Ariba, Inc. v. Emptoris, Inc., --- F.Supp.2d ----, 2008 WL 2906916(E.D.Tex. Jul 29, 2008) (NO. CIV.A.9:07CV90) Judge: Ron Clark Holding: Hard to say. Several weeks ago, Judge Clark sent out orders in numerous patent cases indicating that he would consider...
"Patent Litigation - A Practitioner's Perspective" - Door County WI IP Academy
Posted on July 29, 2008Been on the road a lot lately speaking on patent litigation topics. Most recently last Friday in Sturgeon Bay, Wisconsin at the Door County Intellectual Property Academy, sponsored by the State Bar of Wisconsin's IP Section. Sturgeon Bay, for those...
The dedication ceremony for the
Posted on July 29, 2008The dedication ceremony for the new U.S. Courthouse in Plano, Texas has been set for August 13, 2008 at 10:00 am. The new courthouse is located at 7940 Preston Road, a stone's throw from the line dividing Plano from Frisco....
"The Reports of My Retirement Have Been Greatly Exaggerated"
Posted on July 29, 2008Today is status conference day for another batch of forty or so patent cases in Marshall - better known as "cattle call" locally - where each receives Markman and trial dates. This morning Judge Ward opened court by recalling Mark...
Local Rules committee activity - request for input
Posted on July 21, 2008The 2008 edition of the Eastern District's local rules committee met last week in Tyler to review an initial set of proposed rule changes. I have been remiss in not asking readers to forward any suggestions they have for local...
Motion to Clarify Claim Construction Opinion Granted
Posted on July 14, 2008MASS Engineered Design, Inc. v. Ergotron, Inc., 2008 WL 2697293(E.D.Tex. May 30, 2008) (NO. 206 CV 272) Judge: Leonard Davis Holding: Motion to Clarify Claim Construction Opinion GRANTED Plaintiff asked the Court to clarify one of its claims constructions to...
Boston Scientific's JMOL Granted as to Several Products in Medtronic Case
Posted on July 14, 2008Medtronic v. Boston Scientific Corp., 2:06cv078-TJW (E.D. Tex. July 11, 2008) Judge: T. John Ward Holding: Defendant's Motion for Judgment As A Matter of Law Par. 5 GRANTED Two days after Boston Scientific lost all of its post-trial motions before...
PAT's June "On the Radar"
Posted on July 14, 2008PAT (Patent Appeal Tracker) has its monthly report in filing stats, and June 2008 shows 255 cases filed 56 of the 94 federal judicial districts in June 2008. The Eastern District of Texas ranks first again, with 32 new cases,...
Six month anniversary
Posted on July 14, 2008Today is my six month anniversary at my new office, and it's been a really great experience. In that time I've gotten to work with a lot of really great lawyers and clients (you know who you are) on some...
"The court has never had counsel so recklessly disregard its orders before this trial" - Post-Trial Motions Denied in Saffran v. Boston Scientific
Posted on July 09, 2008Saffran v. Boston Scientific Corp., 2:05cv657-TJW (E.D. Tex. July 9, 2008) Judge: T. John Ward Holdings: Motions for JMOL and New Trial DENIED This is a lengthy post, as it discusses three extraordinarily lengthy orders by Judge Ward in a...
Motion for Remittitur Denied in Anascape v. Nintendo
Posted on July 07, 2008Anascape v. Nintendo, 9:06cv158 (E.D. Tex. June 26, 2008) Judge: Ron Clark Holding: Defendant's Motion for Remittitur or in the Alternative, A New Trial on Damages DENIED Plaintiff Anascape, Ltd. sought $50.3 million for infringement of a patent relating to...
Stay Pending Reexam Granted
Posted on July 07, 2008Visto Corp. v. Research in Motion Ltd, et al, 2:06cv181 (E.D. Tex. July 2, 2008) Judge: Chad Everingham Holding: Defendant's Motion to Stay GRANTED conditionally Orders on motions to stay pending reexamination are of perennial interest locally, and this one...
"Starting a New Law Office: A Checklist" - Texas Bar Journal
Posted on July 05, 2008My article "Starting a New Law Office: A Checklist" is the cover story and lead article in this month's Texas Bar Journal. TBJ lent me the artwork from the article to use in the slide show for the accompanying webcast...
Capital habeas petitioner wins en banc hearing
Posted on June 30, 2008Last month I noted that one of the lesser-publicized cases heard by the Fifth Circuit en banc last month was the habeas case brought by Texas death row inmate Eric Lynn Moore. Late last week, the Fifth Circuit sitting en...
"Top Down" with Judge Schell's '68 Mustang
Posted on June 30, 2008Featured in the current issue of Texoma Living! is Judge Schell's 1968 Mustang convertible, given to him by his father when he was a freshman at SMU. Sweet car, your honor.
State Bar of Texas Annual Meeting - Houston - June 26-27, 2008
Posted on June 29, 2008Last week Jamie and I took our oldest Grayson (9) to the State Bar of Texas Annual Meeting in Houston, It was my last meeting as a member of the State Bar board of directors representing the 25 Northeast Texas...
Monster not Trippe'd - Motion to Transfer Venue Denied
Posted on June 23, 2008Monster Cable Products, Inc. v. Trippe Manufacturing Co., (9-07-cv-00286) (June 18, 2008) Judge: Ron Clark Holding: Motion to Transfer Venue DENIED There are four things about this opinion that readers might find interesting: First, readers may recall that the poster...
Summary Judgment of Noninfringement Mostly Granted
Posted on June 23, 2008DeepNines, Inc v. McAfee, Inc (9-06-cv-00174) (6/18/08) Judge: Ron Clark Holding: Defendant's Motion for Summary Judgment GRANTED in part. Judge Clark granted the defendant's post-Markman ruling motion for summary judgment of noninfringement with respect to three of the four products...
Motion to Compel Discovery Regarding Plaintiff's Patent Licensing Practices Granted In Part
Posted on June 23, 2008MOSAID Technologies Inc. v. Micron Technology, Inc. et al (2:06-cv-00302) (6/18/08) Judge: David Folsom Holding: Motion to Compel Response to Discovery Regarding Plaintiff's Licensing Practices GRANTED in part. Plaintiff MOSAID was a member of an industry standard setting group, which...
Be Careful What You Wish For - Joint Motion to Exceed Page Limits for Claim Construction Briefing Denied, But Claims and Terms Limited (So You Don't Really Need It Now)
Posted on June 20, 2008Hearing Components, Inc v. Shure, Inc (9-07-cv-00104) TXED Judge: Ron Clark Holding: Stipulated/Agreed Motion for Leave to Exceed the Page Limits for Claim Construction Briefs DENIED The late great Sam Kinison had a routine in which he said that the....
Postverdict rulings in Grantley v. Clear Channel - 25% enhancement but no fees - judgment entered
Posted on June 19, 2008The Lufkin jury in Judge Clark's court in Grantley Patent Holdings, Ltd. v. Clear Channel Communications, Inc., (NO. CIV.A. 9:06CV259) returned a verdict in plaintiff's favor last month in the amount of $66,029,750. Yes on infringement, yes on willful, and...
Shapes and logos
Posted on June 18, 2008The patent docket in Marshall seems to be starting to affect the curriculum in local schools. For example, the attached photo from my twins' graduation from pre-K last month shows them doing a song about recognizing law firms by the...
Beaumont jury verdict in patent case
Posted on June 17, 2008Another Eastern District jury returned a verdict in a patent case last week, this time in the Pressure Products Medical Supplies v. Quan Emerteq Corp. case, 2:09cv121. The Beaumont jury in Judge Clark's court (passing on a Lufkin case tried...
Door County, Wisconsin Intellectual Property Academy
Posted on June 17, 2008I am fortunate, fortunate, fortunate, to have been invited to speak at some places outside of Texas this summer, including at the Third Annual Door County (Wisconsin) Intellectual Property Academy on July 24-25 at Stone Harbor Resort in Sturgeon Bay,...
Starting a New Law Office: Ethical Concerns and Practical Pointers - TexasBarCLE webcast
Posted on June 17, 2008I will be moderating an upcoming TexasBarCLE webcast next month Starting a New Law Office: Ethical Concerns and Practical Pointers. The seminar is live via webcast on Wednesday, July 2nd, 2008 from 10:00 a.m. to 11:30 a.m. CST. The webcast...
Motion for Leave to Amend Invalidity Contentions Denied
Posted on June 11, 2008The order isn't reported yet, but I thought I'd post on Judge Clark's recent opinion (June 9, 2008) denying the defendant's motion for leave to amend its invalidity contentions in the Iovate v. BSN litigation pending in Lufkin, as such...
Motion for FRCP 35 Mental Examination and Motion to Compel Production of Records Denied
Posted on June 11, 2008Jackson v. U.S. Kids Golf, LLC, 2008 WL 2078777(E.D.Tex. May 15, 2008) (NO. 4:06CV237) Judge: Don Bush Holding: Motion for FRCP 35 Mental Examination and Motion to Compel Production of Records DENIED Defendant asked the Court to order a mental...
Claims construction opinion
Posted on June 11, 2008Agere Systems, Inc. v. Sony Corp., 2008 WL 2078308(E.D.Tex. May 15, 2008) (NO. 2:06-CV-079) Judge: Chad Everingham Holding: Claims construction opinion
Hard to believe it's not Denny Crane...
Posted on June 11, 2008It's official - having former AG Alberto Gonzalez getting appointed as an assistant to a special master in an Eastern District of Texas patent case lasted as the weirdest thing in the world of federal courts for only a day...
Paralegal fees, dumb laws and good German potato salad
Posted on June 11, 2008Just received the June 2008 issue of the Northeast Texas Association of Paralegals' Key Note and saw some information I thought might be of interest to readers. Key Note had - two days before the national press had it, incidentally,...
Ream of Paper #4 Opened
Posted on June 10, 2008One of the things I've told people about my new office is that with a practice heavily weighted towards federal court, where all filings are electronic, we've dispensed with paper files almost completely. Of course we have CDs of document...
New Patent Case Filings Statistics
Posted on June 10, 2008Gluttons for punishment, Kyle and Josh over at PA Tracer have started tracking patent case filings. (Hey, with the Cisco Kid on vacation somebody's got to do it). Today they posted on the case filings from May here with some...
Defendant's Motion for JMOL on Obviousness Denied
Posted on June 09, 2008Power-One, Inc. v. Artesyn Technologies, Inc., --- F.Supp.2d ----, 2008 WL 1746634(E.D.Tex. Apr 11, 2008) (NO. CIV. A. 2:05-CV-463) Judge: John Love Holding: Defendant's Renewed Motion for a Judgment as a Matter of Law and Alternative Motion for New Trial...
Summary Judgment Granted in part in pizza case
Posted on June 09, 2008Great American Restaurant Co. v. Domino's Pizza LLC, 2008 WL 2277828(E.D.Tex. May 29, 2008) (NO. 4:07-CV-52) Judge: Richard Schell Holding: Defendant's Motion for Summary Judgment GRANTED in part. Judge Schell adopted the findings and conclusions of Judge Bush in this...
From torture memos and firing U.S. attorneys to ... Eastern District of Texas patent litigation?
Posted on June 09, 2008Just when you thought neither the DataTreasury case nor patent litigation in the Eastern District could get any weirder, along comes news that former U.S. Attorney General and White House Counsel (and former Texas Supreme Court justice) Alberto Gonzalez has...
Time Limits at Trial - 2008 Fifth Circuit cases
Posted on June 06, 2008One of my favorite research sources is Fifth Circuit Federal News, edited by Robert McKnight and Maureen Blackburn Jennings which in addition to monthly publications on cases and issues of interest to practitioners in the Fifth Circuit also provides a...
Ex Parte Reexamination Statistics
Posted on June 06, 2008Patently-O has a good post on ex parte reexamination statistics, pointing out a few salient facts. First, such requests are granted over 95% of the time, indicating that the requirement that the reexamination request must present a ?substantial new question...
Summary Judgment of Noninfringement Granted
Posted on June 05, 2008Ring Plus v. Cingular Wireless LLC, et al, 5:08cv42 (Document #280) (June 4, 2008) Judge: David Folsom Holding: Summary Judgment of Noninfringement GRANTED This is a patent case involving telecommunications. Defendants moved for summary judgment of noninfringement on two bases,...
Motion to Exclude Plaintiff's Liability Expert & for Summary Judgment Granted in Part
Posted on June 04, 2008Wiggins v. Union Pacific R. Co., 2003 WL 25720982(E.D.Tex. Feb 03, 2003) (NO. CIV.A.2:02-CV-79) Judge: T. John Ward Holding: Motion to Exclude Expert & for Summary Judgment GRANTED in part. This case presented an interesting question of preemption. The case...
Jury Demand and "Negative Defenses" Stricken
Posted on June 04, 2008F.T.C. v. Think All Pub., L.L.C., 2008 WL 793579(E.D.Tex. Mar 24, 2008) (NO. 4:07-CV-011) Judge: Richard Schell Holding: Plaintiff's Motion to Strike Defendants' Demand for a Jury Trial and Affirmative Defenses GRANTED in part Plaintiff Federal Trade Commission (?FTC?) brought...
So Say We All - Defendants accept conditional stay pending reexamination in Premier cases
Posted on June 04, 2008Two weeks ago Judge Folsom issued orders on the defendants' motions for stay pending reexamination in the Premier v. HP and Premier v. Microsoft cases. (2:07cv 395 and 396 - docket no's 104 and 234 respectively) granting the motions conditioned...
Judge Ward Sits on Federal Circuit Panel
Posted on June 04, 2008As Dennis Crouch noted yesterday on Patently-O, Judge T. John Ward of the Eastern District sat on a Federal Circuit panel by invitation yesterday, filling out a panel with judges Newman and Gajarsa. They heard three patent cases, Hyatt v....
Analysis of Orders Imposing Conditions on Stays Pending Reexamination
Posted on June 02, 2008Many, if not most regular readers of this weblog also read Patent Happenings by the attorneys at Latimer, Mayberry & Matthews IP Law, LLP. I just received the May 2008 issue, located here and there is a good analysis the...
In re Volkswagen oral arguments available online
Posted on June 02, 2008Forget Frampton Comes Alive! The oral arguments from the Fifth Circuit's May 21-22, 2008 en banc docket (including In re Volkswagen) are now online and downloadable here. Highlights include Do It Again, Unchain My Case, Ain't Got No Discretion, and...
"Art at Work": June/July 2008 featured artist Mary Norvell
Posted on June 02, 2008The second featured artists in SRBPS's "Art at Work" program is Marshall artist Mary Norvell, whose work will be on display in our firm's Marshall office throughout June and July. Mary is originally from Louisiana and now has a studio...
Ixnay on the Gamesmanship and Chicanery: Plaintiff's Motion for Leave to Amend Answer & Serve Invalidity Contentions Against Intervenor After Deadlines Denied
Posted on June 02, 2008MASS Engineered Design, Inc. v. Ergotron, Inc., --- F.Supp.2d ----, 2008 WL 2223036(E.D.Tex. May 30, 2008) (NO. 2:06 CV 272) Judge: Leonard Davis Holding: Plaintiff's Motion for Leave to Amend Answer and Serve Invalidity Contentions Against Intervenor DENIED Two "gamesmanship"s...
Summary Judgment Granted for Defendant on Patent License Defense
Posted on June 02, 2008Orion IP, LLC v. Mercedes-Benz USA, LLC, --- F.Supp.2d ----, 2008 WL 2222964(E.D.Tex. May 30, 2008) (NO. 6:07 CV 451) Judge: Leonard Davis Holding: Defendant's Motion for Judgment on the Pleadings or in the Alternative Motion for Summary Judgment GRANTED...
Moore v. Quarterman - the "other" en banc case from the Eastern District of Texas
Posted on May 30, 2008Next week's Texas Lawyer will contain a short article by reporter John Council on the other case from the Eastern District of Texas that was argued right after In re Volkswagen. Eric Lynn Moore is a Texas death-row inmate who...
New weblog Patent Appeal Tracer
Posted on May 30, 2008Just learned today of a new weblog Patent Appeal Tracer, which picks up coverage of patent infringement cases on appeal, reporting on the proceedings below and again periodically as the cases wind through the Federal Circuit. Blogger Kyle Fleming, who...
State Bar of Texas Litigation Section "News for the Bar" newsletter
Posted on May 30, 2008I am woefully behind posting on this, but I just finally finishing reading the latest (spring 2008) edition of the State Bar Litigation Section's quarterly News for the Bar and was amazed at how much great information is in this...
2008 Patent verdicts commentary by American Lawyer
Posted on May 29, 2008American Lawyer reporter Nate Raymond, who wrote the Taming Texas article in March's issue of the magazine wrote a short article today about this week's Boston Scientific verdict . His article contains a short summary of this year's patent verdicts...
In re VW featured in Texas Lawyer and in TL's "Reversed and Remanded" video blog
Posted on May 29, 2008Texas Lawyer reporter John Council puts out the "Reversed and Remanded" video blog. The day before the en banc argument in New Orleans last week John sat down with the Singletons' counsel arguing the appeal Martin Siegel of Houston and...
Jury verdict in Medtronic v. Boston Scientific case
Posted on May 29, 2008Medical device cases continue to provide - by a factor of four - the largest patent verdicts in the district's history, this time with Medtronic achieving a verdict against Boston Scientific. Tuesday a jury in Judge Ward's court in Marshall...
Nintendo verdict motion for remittitur filed
Posted on May 22, 2008In a motion filed today, defendant asked for a remittitur, stating that "[t]he only evidence in this case concerning the amount of a reasonable royalty was that offered by Anascape?s damages expert, Walter Bratic, who opined that a reasonable royalty...
En Banc oral argument in In re Volkswagen II
Posted on May 22, 2008I?m on my way back from attending the oral argument in the In re Volkswagen II case. I won?t provide a blow by blow of the comments and questions by the Fifth Circuit judges, but there are a few general...
Motion for Stay Pending Reexamination Granted with Modifications
Posted on May 19, 2008Today Judge Folsom issued orders on the defendants' motions for stay pending reexamination in the Premier v. HP and Premier v. Microsoft cases. (2:07cv 395 and 396 - docket no's 104 and 234 respectively). Judge Folsom wrote that "[a]ll three...
Patent case verdict for plaintiff in Lufkin
Posted on May 19, 2008Another recent Lufkin patent case jury verdict. The Lufkin jury in Judge Clark's court in Grantley Patent Holdings, Ltd. v. Clear Channel Communications, Inc., (NO. CIV.A. 9:06CV259) recently returned a verdict in plaintiff's favor in the amount of $66,029,750...
Plaintiff's Motion for Summary Judgment on Defendant's Inequitable Conduct Claims Granted
Posted on May 19, 2008Grantley Patent Holdings, Ltd. v. Clear Channel Communications, Inc., 540 F.Supp.2d 724 (E.D.Tex. Mar 31, 2008) (NO. CIV.A. 9:06CV259) Judge: Ron Clark Holding: Plaintiff's Motion for Summary Judgment on Inequitable Conduct GRANTED Plaintiff Grantley Patent Holdings, Ltd...
Patent verdict in Lufkin
Posted on May 15, 2008Yesterday afternoon a Lufkin jury found in favor of Anascape in a patent case brought against Nintendo having to do with controllers for the Wii and GameCube systems. Anascape had also sued Microsoft, but settled shortly before trial began. Damages...
CM/ECF upgrades -
Posted on May 14, 2008It may not be quite as cool as the new iPhone, but it does have some neat new bells and whistles. This weekend, May 17 and 18, the U.S. District Court for the Eastern District of Texas will upgrade to...
Defendants' Emergency Motion to Dismiss for Lack of Authority Denied; Motion to Strike Document Authenticity Expert Denied
Posted on May 14, 2008Nord Service, Inc. v. Palter, --- F.Supp.2d ----, 2008 WL 620545(E.D.Tex. Mar 03, 2008) (NO. 2:06 CV 548) Judge: Leonard Davis Holding: Defendants' Emergency Motion to Dismiss for Lack of Authority DENIED; Motion to Strike Document Authenticity Expert DENIED Plaintiffs...
Federal Circuit Affirms Claims Construction in Patriot Scientific v. ARM case
Posted on May 13, 2008The Federal Circuit, in Technology Properties Ltd. v. ARM Ltd., 2008- 1020, without issuing an opinion, upheld May 9 a finding that ARM doesn't infringe Patriot Scientific's patent. Patriot Scientific's Technology Properties unit (TPL) sued electronics companies including Matsushita Electric...
IP Law & Business article on venue proceedings at Fifth Circuit
Posted on May 12, 2008Joe Mullen is a reporter at IP Law & Business magazine who also runs a weblog The Prior Art - One reporter's notes on the IP beat . In his recent post on highlights from the May issue of the...
Patent Reform Act - presentation at TADC seminar
Posted on May 12, 2008This Thursday I'll be in Dallas speaking at the Texas Association of Defense Counsel's 2008 Intellectual Property Seminar at the Belo Mansion (home of the Dallas Bar Association). My assigned topic is "Everything You Need to Know About the Patent...
Plaintiff's Motion for Limited Jurisdictional Discovery Granted
Posted on May 12, 2008Womack v. Nissan North America, Inc., 2007 WL 5160790(E.D.Tex. Oct 12, 2007) (NO. 2:06-CV-479-DF) Judge: David Folsom Holding: Plaintiff's Motion for Limited Discovery GRANTED; Defendant's Motion to Dismiss for Lack of Jurisdiction and Insufficient Service of Process DENIED WITHOUT PREJUDICE...
New transcript redaction procedures go into effect
Posted on May 09, 2008Judge Heartfield just signed General Order 08-8, Download 08-8.pdf which amends several local rules and adds new Local Rules CV-5.2 and CR-49.1, which create new transcript redaction procedures in accordance with U.S. Judicial Conference policy regarding redacting private information from...
New Guest Author: Susan Fisher
Posted on May 09, 2008Starting yesterday readers will be seeing posts from guest author Susan Fisher, who is an attorney with our firm's Sherman office, where her practice focuses on general trial and appellate practice in federal and state court, intellectual property litigation, lender...
Motion to Dismiss Federal Odometer Act Class Action Denied
Posted on May 09, 2008Womack v. Nissan North America, Inc., --- F.Supp.2d ----, 2007 WL 5160791(E.D.Tex. Feb 16, 2007) (NO. 2:06-CV-479-DF) Judge: David Folsom Holding: Motion to Dismiss for Lack of Subject Matter Jurisdiction DENIED This is a class action in which the plaintiff...
CM/ECF and PACER back online
Posted on May 08, 2008This afternoon the Eastern District's online filing system went back online several days ahead of schedule. The General Order extending deadlines till Monday is still in effect, though, so everyone enjoy the first deadline-less day (tomorrow) in recent Eastern District...
SRBPS-Marshall Opening Featured in NET Paralegal newsletter
Posted on May 08, 2008I am proud to report that our firm's open house, complete with photo, made the front page of the Northeast Texas Association of Paralegals' May 2008 Key Notes publication. Download may_2008_keynote_1.pdf We are shown immediately below Mona Tucker's ad for...
Claims construction opinion
Posted on May 08, 2008Visto Corp. v. Research in Motion Ltd., 2008 WL 1930295(E.D.Tex. Apr 30, 2008) (NO. 2:06-CV-181) Judge: Chad Everingham Holding: Claims construction opinion Judge Everingham's Markman opinion notes that many of terms in this case have been construed previously by Judge...
Motion for Entry of Protective Order Denied
Posted on May 08, 2008Stone Connection, Inc. v. Simpson, 2008 WL 1927033 (E.D.Tex.April 28, 2008) (No. 4:07-CV-431) Judge: Richard A. Schell Holding: Motion for entry of Protective Order DENIED. The plaintiff moved the court for a protective order, seeking to protect discovery relating to...
Motion to Amend Complaint & Infringement Contentions Granted; Motion to Dismiss/Transfer Denied
Posted on May 07, 2008Mass Engineered Design, Inc. v. Ergotron, Inc., 2008 WL 1930299(E.D.Tex. Apr 30, 2008) (NO. 206 CV 272) Judge: Leonard Davis Holding: Motion for Leave to File Cross-Claim for Patent Infringement & Amend Infringement Contentions GRANTED; Motion to Dismiss Third Party...
General Order 08-06 - extension granted due to ECF down time
Posted on May 06, 2008Chief Judge Heartfield just signed and posted General Order 08-06, which extends filing deadlines to this coming Monday as a reuslt of the ECF system problems. The order states that "[a]ll parties should use their best efforts to comply with...
Eastern District e-filing down temporarily - read for details
Posted on May 06, 2008I just learned that the Eastern District's e-filing database is the largest of any federal judicial district - but the bad news is that the way that came out was that there's been a technical problem in the system which...
Motion for Stay Pending Reexam Granted
Posted on May 05, 2008Spa Syspatronic, AG v. Verifone, Inc., 2008 WL 1886020(E.D.Tex. Apr 25, 2008) (NO. CIV.A. 2:07-CV-416) Judge: John Love Holding: Motion for Stay Pending Reexam GRANTED Yes, you read it right - the request for a stay pending reexam was granted....
Claims construction opinion - the "only if" prequel
Posted on May 05, 2008O2 Micro Intern. Ltd. v. Sumida Corp., 2005 WL 6127302(E.D.Tex. Mar 08, 2005) (NO. CIVA 2:03-CV-07) Judge: T. John Ward Holding: Claims construction opinion Interested in the meaning of "only if" (as made famous by the Federal Circuit in O2...
Defendant's Motion for Partial Judgment on the Pleadings in Patent Case Denied; Separate Contentions Not Required for Second Accused Product Where Claims Identical
Posted on May 05, 2008Juxtacomm Technologies, Inc. v. Ascential Software Corp, --- F.Supp.2d ----, 2008 WL 1923005(E.D.Tex. May 02, 2008) (NO. 2:07CV359) Judge: Leonard Davis Holding: Defendant's Motion for Partial Judgment on the Pleadings DENIED Judge Davis' opinion resolving this motion addressed a recurring...
Summary Judgment Granted in Part in Patent Case re: Situs of Infringement
Posted on May 02, 2008Renhcol Inc. v. Don Best Sports, --- F.Supp.2d ----, 2008 WL 1885522(E.D.Tex. Apr 28, 2008) (NO. 2:06-CV-318) Judge: Leonard Davis Holding: Defendants' Motion for Summary Judgment GRANTED IN PART I'm a little fuzzy on the technology in this patent case,...
Court Finds Hydrogen Is a Gas; Thus Pipeline Easement Permits Its Transportation
Posted on May 02, 2008Wingate v. Air Products, Inc., 2004 WL 5571001(E.D.Tex. Dec 20, 2004) (NO. CIV.A.1:04-CV-124) Judge: Ron Clark Holding: Defendant's Motion for Summary Judgment GRANTED Plaintiff Mr. Jim Wingate (?Wingate?) owns land burdened by a pipeline easement created in 1942...
Firm open house
Posted on May 01, 2008Had a very nice open house / ribbon cutting for my new Marshall office today following the status conferences in federal court. My wife Jamie, mother "Mother" and oldest son Grayson attended, along with Chamber representatives, local citizens, and lawyers...
"I try not to read that many cases, your Honor" - a case for the water cooler
Posted on April 30, 2008Just when you thought you'd seen the most bizarre occurrence in a courtroom, along comes another one. Although this case is not related in any way to the Eastern District of Texas, I thought readers might be interested in it....
SRBPS - Marshall open house - Thursday, May 1
Posted on April 30, 2008Just a reminder that our firm's new Marshall office is holding an open house this Thursday - I'll be at the courthouse in hearings from 9 to about 11, but Pam will have the office open (see here for map)...
RFID claims construction opinion gets F.Supp.2d designation
Posted on April 29, 2008RFID Tracker Ltd. v. Wal-Mart Stores Inc., --- F.Supp.2d ----, 2008 WL 382317, E.D.Tex., February 11, 2008 (NO. 6:06 CV 363) Judge: Leonard Davis Holding: Claims construction ruling. I already posted on this order from February, but the opinion just....
Viva Fiesta! State Bar board meeting in San Antonio
Posted on April 25, 2008Yesterday and today I'm at our quarterly State Bar of Texas board of directors meeting in San Antonio. I posted the picture because of a San Antonio tradition I just learned about, which is Fiesta medals (think Mardi Gras beads...
Litigation Section Council - spring meeting in Corpus Christi
Posted on April 25, 2008One of the organizations I've privileged to be on the governing board for is the Litigation Section of the State Bar of Texas, which is the largest of the State Bar's sections, and represents litigation practitioners across the state. I've...
Practical Effect of O2 Micro decision analyzed in order
Posted on April 24, 2008Readers should be very interested in this recent order of Judge Clark's in Grantley v. Clear Channel, Case No. 9:06cv259 Download grantley_claim_construction_supplement_order.pdf in which Judge Clark discusses the practical implications for district courts of the Fed Circuit's recent decision in...
William M. Steger Federal Building and United States Courthouse - Naming Ceremony Set for May 9, 2008
Posted on April 21, 2008The Federal Building and United States Courthouse in Tyler, Texas will be renamed for the late U.S. District Judge William M. Steger at a noon ceremony on Friday, May 9, 2008. The official invitation can be downloaded here - Download...
"Intellectual Property Causes of Action" - SBOT Causes of Action seminar
Posted on April 21, 2008I'm course director for the State Bar's Causes of Action seminar again this year, and worked the Dallas session last Thursday and Friday at the CityPlace conference center (great room but enormously confusing layout otherwise). That included reprising my 2006...
Update on Status of 2006 Eastern District Patent Verdicts
Posted on April 21, 2008Readers know from my recent post on 2007 patent verdicts that last year the patent trial outcomes locally ran six for defendants, one for plaintiffs and split (some patents infringed and some not) in the other two. After posting on...
Federal Circuit vacates Finisar jury verdict and remans for new trial
Posted on April 21, 2008Two years ago, Finisar obtained a jury verdict from a Beaumont jury in Judge Clark's court for about $74 million for willful infringement. Judge Clark denied the request for an injunction and for attorneys fees, and enhanced the damages by...
Defense verdict in Marshall patent case
Posted on April 21, 2008Last Thursday a Marshall jury returned a defense verdict in the Sofpool v. Intex Recretaion Corp. case in Judge Everingham's court in Marshall. It found that the defendant did not infringe either of the asserted patents, but it did find...
East Texas title opinion
Posted on April 16, 2008Courtesy of Justice Bailey Moseley of Marshall, attached for your reading pleasure Download title_opinion.pdf is an outstanding example of a East Texas title opinion. This should give readers an idea of what East Texas lawyers and judges (and future judges...
Kudos to Texas lawyers volunteering to represent children in West Texas
Posted on April 16, 2008For those who haven't heard yet, approximately 400 lawyers from all over Texas have volunteered to head for San Angelo in deep West Texas to represent free of charge the 416 children who were found nearly two weeks ago in...
SRBPS - Marshall Open House - May 1
Posted on April 16, 2008To accommodate the May 1 status conferences in Judges Ward and Everingham's court in Marshall, we'll be having our firm open house on May 1, from whenever we get here to whenever we leave, here at 713 South Washington (the...
State Bar of Texas Member Benefits Reminder Card
Posted on April 15, 2008One of the things I do on the State Bar Board of Directors is chair the Member Benefits committee, which provides various benefit programs (car rental, office supply, computers, etc.) for Texas attorneys. A list of all the benefits available...
Court Provides Dual Transfer Analysis (In re VW I; In tre VW IIb)
Posted on April 15, 2008Aloft Media, LLC v. Adobe Sys. Inc., 2008 WL 819956 (E.D. Tex. Mar. 25, 2008) Judge: John D. Love Holding: Motion to Transfer DENIED This is a patent case in which a Texas corporation headquartered in California sued Adobe and...
"Art at Work" featured in Texas Lawyer
Posted on April 13, 2008I neglected to mention the other day that Texas Lawyer featured our firm's new "Art at Work" program on their Tex Parte Blog. Enjoy!
"Recent Developments in the Eastern District of Texas: How They Affect Patent Law, E-Commerce and the Internet": ABA Section of Business Law Spring Meeting - Dallas, Texas April 10-12, 2008
Posted on April 09, 2008I posted a couple of days ago on the panel I am chairing in Arlington Virginia this Friday on patent litigation in the Eastern District of Texas at the ABA's IP seminar. In a truly bizarre twist of scheduling, I...
SRBPS-M sponsors Marshall Visual Art Center after school classes
Posted on April 07, 2008The Marshall office of Siebman, Reynolds, Burg, Phillips & Smith, LLP is proud to be a sponsor of the Marshall Visual Art Center's free after-school classes for youth from the Boys and Girls Club of the Big Pines and scholarships...
2007 - The "Annus Horribilis" for Plaintiffs' Patent Cases at Trial
Posted on April 07, 2008When opening Parliament in 1992, Queen Elizabeth referred wryly to the year, which had seen one of her palaces burn, two children separate from their spouses and a third divorce and - to cap it all off - she had...
Judgment vacated & remanded for additional construction in O2 Micro v. Bitek
Posted on April 04, 2008O2 Micro Intern. Ltd. v. Beyond Innovation Technology Co., Ltd.,--- F.3d ----, 2008 WL 878924, C.A.Fed. (Tex.), April 03, 2008 (NO. 2007-1302, 2007-1303, 2007-1304). Yesterday the Federal Circuit vacated the judgment in this case and remanded for the district court...
Order on post-trial motions in Orion v. Hyundai
Posted on April 04, 2008Orion IP v. Hyundai, No. 6:05 CV 322 (March 28, 2008) Judge: Leonard Davis Holding: Plaintiff's motion for enhanced damages, fees, injunction and for sanctions DENIED; Defendant's motion for remittitur DENIED; No finding of inequitable conduct This was a patent...
"Death and Texas: How to Survive and Thrive in Patent Litigation in the Eastern District": ABA's 23rd Annual Intellectual Property Law Conference
Posted on April 04, 2008I have been asked to chair a panel discussion at the American Bar Association's 23rd Annual Intellectual Property Law Conference in Arlington, Virginia next week. The panel will be at 10:15 am Friday, April 11, and is entitled "Death and...
Podcast on Blackboard v. Desire2Learn case
Posted on April 02, 2008I participated in a podcast earlier today with Barry Dahl, who is the CIO at Lake Superior College in Duluth, MN about some of the issues in the pending Blackboard v. Desire2Learn case. Barry does a series of podcasts about...
SRBPS-Marshall "Art at Work": April/May 2008 featured artist Carol Pace
Posted on April 02, 2008Several weeks ago I promised a few different things in my new office - here's the first. The Marshall office of Siebman, Reynolds, Burg, Phillips & Smith is premiering an "Art at Work" program featuring local artists. Marshall has a...
Motion to Dismiss for Failure to State a Claim Granted in Class Action
Posted on March 31, 2008Today was certainly the day to be a defendant in Marshall! After transferring a patent case to Delaware Judge Ward today granted the defendant's motion to dismiss the plaintiff's class action complaint for failure to state a claim in Oden...
Patent case transferred to Delaware
Posted on March 31, 2008Chi Mei Optoelectronics Corporation v. LG Phillips LCD Co., LTD et al, 2:07-cv-176 (March 31, 2008) Judge: T. John Ward Holding: Motion to Transfer Venue GRANTED This is a patent case in which Judge Ward earlier today transferred the case...
Wikipedia as Authority in Technology Tutorials for the Court
Posted on March 29, 2008Buried in footnote 4 of Judge Clark's Markman ruling in Iovate Health Sciences Inc et al v. Bio-Engineered Supplements & Nutrition Inc , 9:07-cv-46 is the Court's bemused observation that "[a]t the end of its technology synopsis, supposedly submitted for...
Big changes to certificates of conferences
Posted on March 28, 2008On March 19, Chief Judge Heartfield signed General Order 08-05, which makes minor modifications to the rules for motions for leave to file and motions for leave to exceed page limitations, but significant changes to to certificate of conference requirement...
Baylor Law School's "Practice Court" featured in magazine article
Posted on March 26, 2008Baylor Magazine this month has a feature on Baylor Law School, focusing on the required Practice Court program. Since several of the Eastern District of Texas judges who handle a large portion of the patent docket (Judges T. John Ward,...
Postverdict relief denied in patent portion of Avid v. Philips; judgment entered
Posted on March 26, 2008Judge Ward continues to clear out postverdict issues in recent patent trials with the entry of rulings in the Avid v. Philips et al, 2:04cv183 case tried recently. As readers may recall, the verdict was only $26,981 for patent infringement,...
QPSX v. Nortel settles
Posted on March 26, 2008QPSX Developments 5 Pty Ltd. v. Nortel Networks, Inc., NO. CIV.A. 2:05-CV-268, the case which resulted in a $28 million verdict last spring, reduced to $11 million by Judge Ward in a post-verdict ruling last week (excluding enhancement) settled earlier...
The "Fun Ships" of Carnival - With Industry Standard One-Year Limitations Provisions!
Posted on March 24, 2008Marrinan v. Carnival Corp., 2008 WL 728202(E.D.Tex. Mar 17, 2008) (NO. 6:06-CV-294) Judge: Michael Schneider Holding: Defendant's Second Motion for Summary Judgment GRANTED. Plaintiff and his wife took a Carnival cruise for their 25th anniversary. Their cruise contract contained a...
Scope of Waiver of Privilege from Reissue Declaration
Posted on March 24, 2008Mass Engineered Design, Inc. v. Ergotron, Inc., 2008 WL 744705(E.D.Tex. Mar 19, 2008) (NO. 206 CV 272) Judge: Leonard Davis Holding: Ergotron's Motion to Compel Discovery and for an Order Concerning Plaintiff's Waiver of the Attorney-Client Privilege GRANTED Last week...
QPSX v. Nortel JMOL/Remittitur opinion reported
Posted on March 24, 2008QPSX Developments 5 Pty Ltd. v. Nortel Networks, Inc., 2008 WL 728201(E.D.Tex. Mar 18, 2008) (NO. CIV.A. 2:05-CV-268) Judge: T. John Ward Holding: Defendant's Motion for Judgment as a Matter of Law DENIED; Remittitur GRANTED I posted on this last...
Claims construction opinion
Posted on March 24, 2008Pressure Products Medical Supplies, Inc. v. Enpath Medical, Inc., 2008 WL 744250(E.D.Tex. Mar 19, 2008) (NO. CIV.A. 9:06-CV-121) Judge: Keith Giblin Holding: Claims construction opinion
Motions to dismiss denied in insurance coverage case
Posted on March 21, 2008Cincinnati Ins. Co. v. RBP Chemical Technology, Inc., 2008 WL 686156(E.D.Tex. Mar 06, 2008) (NO. CIV.A. 1:07-CV-699) Judge: Ron Clark Holding: Defendants' Motion to Dismiss DENIED Plaintiff Cincinnati Insurance sought a declaratory judgment that it had no duty to defend...
Rubber Polymers' Motion to Remand Bounced
Posted on March 21, 2008Rubber Polymers, Inc. v. Dupont Dow Elastomers, LLC, 2008 WL 686212(E.D.Tex. Mar 06, 2008) (NO. 1:07-CV-892) Judge: Ron Clark Holding: Motion to Remand DENIED Plaintiff Rubber Polymers, Inc. moved to remand this case to state court, citing the forum defendant...
Claims construction opinion; indefiniteness argument rejected
Posted on March 21, 2008Mass Engineered Design, Inc. v. Ergotron, Inc., 2008 WL 695900(E.D.Tex. Mar 13, 2008) (NO. 206 CV 272) Judge: Leonard Davis Holding: Claims construction opinion; Defendants' Motion for Summary Judgment for Failure to Comply with 35 U.S.C. § 112 DENIED Interesting...
Claims construction opinion
Posted on March 20, 2008Mettler-Toledo, Inc. v. Fairbanks Scales Inc., 2008 WL 648521(E.D.Tex. Mar 07, 2008) (NO. CIV.A. 9:06-CV-97) Judge: Keith Giblin Holding: Claims construction opinion
Blackboard v. Desire2Learn - injunction update
Posted on March 20, 2008On March 10 Judge Clark held a hearing on the plaintiff's request for a permanent injunction in this case, which recently resulted in a verdict for the plaintiff. He issued a Judgment and Permanent Injunction that prohibits Desire2Learn from using...
Motion to Transfer denied in Jones Act case
Posted on March 20, 2008Hayes v. Kirby Inland Marine, LP, 2008 WL 694710(E.D.Tex. Mar 13, 2008) (NO. CIV.A. 2:07-CV-126) Judge: T. John Ward Holding: Motion to Transfer Venue DENIED This is a Jones Act case involved an injury to the relief captain of a...
The Other Shoe Drops: The Rest of the Plaintiff's Claims are Invalid as Indefinite Too
Posted on March 19, 2008PureChoice, Inc. v. Honeywell Intern., Inc., 2008 WL 695047(E.D.Tex. Mar 13, 2008) (NO. CIV.A. 2:06-CV-244) Judge: T. John Ward Holding: Two months ago Judge Ward in his January 22, 2008 Markman order found that two claim limitations in United States...
Breaking News on QPSX v. Nortel - Remittitur Granted From $28 million to $11.82 million.
Posted on March 18, 2008In April of last year, a Marshall jury in Judge Ward's court found for the plaintiff in QPSX Development 5 PTY LTD v. Nortel, et al., 2:05cv268. Nortel was the only defendant remaining at trial, and the jury found infringement,...
TrollTracker suit removed to Eastern District of Texas
Posted on March 17, 2008References to the Eastern District as a "banana republic" by Mr. Frenkel or any other Cisco employees were notably absent when Cisco and Frenkel removed the defamation case filed against them from state court to the Eastern District of Texas...
American Lawyer article - "Taming Texas"
Posted on March 14, 2008Another good article, this time by Nate Raymond in this month's American Lawyer (a much abbreviated version is in this month's IP Law & Business) about the Eastern District docket. The article, Taming Texas, tracks the trend, which began in...
IPLaw 360 article on "TrollTracker" story
Posted on March 14, 2008Very good article by Ron Zapata in today's IPLaw 360, Outed 'Troll Tracker' Blogger Draws Ire Of IP Lawyers on the pending case against Rick Frenkel and Cisco. Available only to subscribers, but worth a read if you want a...
TrollTracker defamation case
Posted on March 12, 2008You leave town for a couple of days to watch a shuttle launch with your kids and everybody loses their mind... I was made aware of the Ward v. Cisco case filed against Cisco & Rick Frenkel last week when...
Judge Clark issues new procedures re: discovery-related motions, summary judgment motions, motions to strike expert testimony, and motions in limine
Posted on March 06, 2008I usually don't post on individual judges' procedures, but today's order from Judge Clark in at least several pending Lufkin patent cases is a pretty innovative blend of existing procedures in use by other judges and new ideas about how...
Blackboard verdict details
Posted on February 28, 2008Finally got to study the verdict in the Blackboard v. Desire2Learn case. On infringement the jury found yes on literal, induced and contributory infringement on all three claims both before and after a particular date (11/21/07). It found that the...
O2 Micro Int'l v. Rohm settles during trial
Posted on February 27, 2008I know it'll disappoint everyone, but it looks like the O2 Micro v. Rohm case settled today, one day before trial was csheduling to finish.
Claims construction opinion
Posted on February 27, 2008GWIN, Inc. v. Don Best Sports, 2008 WL 379690, E.D.Tex., February 11, 2008 (NO. 2:06-CV-318) Judge: Leonard Davis Holding: Claims construction opinion
Claims construction opinion; Plaintiff stipulates to noninfringement
Posted on February 27, 2008RFID Tracker Ltd. v. Wal-Mart Stores Inc., 2008 WL 382317, E.D.Tex., February 11, 2008 (NO. 6:06 CV 363) Judge: Leonard Davis Holding: Claims construction ruling. As part of Judge Davis' claim construction order, he adopted Defendants? definition of the term...
Claims construction ruling
Posted on February 27, 2008Cooper Technologies Co. v. Thomas & Betts Corp., 2008 WL 438339, E.D.Tex., February 15, 2008 (NO. 2:06-CV-242) Judge: Chad Everingham Holding: Claims contsruction ruling
Marshall e-filing seminar
Posted on February 26, 2008Just finished the e-filing seminar at the Marshall courthouse and am enjoying lunch with my lovely wife at the Blue Frog Grill on the square in downtown Marshall (as featured in a recent Texas Monthly). Seminar was very informative -...
Trolltracker unmasked
Posted on February 24, 2008In a post today, Rick Frenkel revealed that he is Troll Tracker. (Pic is not of Rick but I'm assuming that vampire trackers and troll trackers are similar. I doubt he'll mind). Very interesting post, so I'd recommend you take...
More details on Blackboard verdict
Posted on February 23, 2008The jury in the Blackboard Inc. v. Desire2Learn Inc. case, 9:06cv155 in Lufkin in Judge Clark's court found for the plaintiff on infringement and found that the defendant had not shown by clear and convincing evidence that the patent was...
Jury verdict for plaintiff in Blackboard case
Posted on February 22, 2008Apparently Troll Tracker works in the local Dairy Queen in Lufkin, Texas, because he just broke the news that the jury in the Blackboard Inc. v. Desire2Learn Inc. case, 9:06cv155 in Lufkin in Judge Clark's court just found for the...
Jury deliberating in Blackboard Inc. v. Desire2Learn Inc. in lufkin
Posted on February 22, 2008The jury has begun deliberating in the Blackboard Inc. v. Desire2Learn Inc. case, 9:06cv155 in Lufkin in Judge Clark's court. Evidence finished Wednesday and the jury started deliberations yesterday. While the jury deliberates, the attorneys are presenting the inequitable conduct...
O2 Micro International Limited v. Rohm Co., LTD., et al - trial begins
Posted on February 22, 2008Trial begins today in the O2 Micro International Limited v. Rohm Co., LTD., et al case, 2:05-cv-211 in Judge Everingham's court in Marshall, and is set to end no later than Feb. 28. At the Pre-Trial Management Conference, the parties...
Partiual summary judgment granted in Marshall patent case set to start trial tomorrow
Posted on February 21, 2008O2 Micro International Limited v. Rohm Co., LTD., et al, 2:05-cv-211 (E.D. Tex. Feb. 21, 2008) Judge: Chad Everingham Holding: Defendant's Motion for Partial Summary Judgment GRANTED in part. The 02 Micro v. Rohm case is about to crank up...
Defense verdict in Marshall civil right case arising out of hospital altercation case
Posted on February 21, 2008A Marshall jury in Judge John Love's court rendered a defense verdict yesterday in a civil suit arising out of an incident at Marshall Regional Medical Center. The jury came back after about half an hour of deliberations. The jury...
Training seminar on recent local rule changes, including the mandatory electronic filing of civil complaints and online payment of filing fees - sounds like a party to me!
Posted on February 20, 2008Marshall-area lawyers, paralegals, legal assistants and legal secretaries are invited to attend a one-hour training seminar at 10:00 a.m. on Tuesday, February 26, 2008. The seminar will be held in Judge T. John Ward's courtroom at the U.S. Courthouse located...
Question: visiting lawyer office amenities
Posted on February 20, 2008One of the things on my to-do list for my new offices in Marshall is to outfit the two small offices I have for visiting lawyers, and I thought I'd ask my readers what they like when visiting offices out...
In re VW en banc - update
Posted on February 15, 2008The official order setting In re VW for en banc rehearing came out today, and I realized I forgot to point out one effect of the grant of rehearing en banc in my post yesterday - as the court's letter...
En banc review of In re VW II granted by Fifth Circuit
Posted on February 14, 2008The mandamus proceeding in this case, known as In re Volkswagen II, started over a year ago in this case, and will continue for at least another four months - six months past the underlying case's trial setting, which the...
Jury verdict in E-Z Mart case
Posted on February 13, 2008Blade v. EZ Mart, 2:06cv498 (E.D. Tex. Feb. 13, 2008) Holding: jury verdict In the midst of all the patent cases getting tried this month, especially in Marshall, not much attention gets paid to the other cases. I ran into...
New firm - Siebman, Reynolds, Burg, Phillips & Smith, LLP - Marshall
Posted on February 13, 2008As the new weblog header reflects, I recently left my home of fifteen years at the Roth Law Firm to open a Marshall office for Siebman, Reynolds, Burg, Phillips & Smith, LLP. My new firm specializes in Eastern District federal...
Jury verdict in saffran v. Boston Scientific
Posted on February 12, 2008Late yesterday a Marshall jury in Judge Ward's court rendered a verdict for the plaintiff in the Saffran v. Boston Scientific case, 2:05cv547 - yes on infringement, no question on willfulness, and no on invalidity. Damages were $431 million. That's...
Patent Case Transferred to a Great American in San Antonio
Posted on February 12, 2008Kinetic Concepts, Inc. v. Bluesky Medical Group, Inc., 2008 WL 151276, E.D.Tex., January 15, 2008 (NO. CIV.A. 2:07-CV-188) Judge: T. John Ward Holding: Defendant's Motion to Transfer Venue to a Great American GRANTED This action is the second patent infringement...
Claims construction ruling
Posted on February 12, 2008Cushion Technologies, LLC v. Adidas Salomon North America, Inc., 2008 WL 346056, E.D.Tex., February 05, 2008 (NO. 2:06-CV-347) Judge: Chad Everingham Holding: Claims construction ruling
Judgment for Patent defendant following claims construction ruling; Claims Indefinite
Posted on February 12, 2008PureChoice, Inc. v. Honeywell Intern. Inc., 2008 WL 190317, E.D.Tex., January 22, 2008 (NO. CIV.A. 2:06-CV-244) Judge: T. John Ward Holding: Claims construction ruling/Stake Through the Heart of Plaintiff's Case This opinion started life as Judge Ward's claims construction opinion,...
"Choose Love" status conferences in Tyler
Posted on February 11, 2008The consent/status hearings begun by Judges Ward and Everingham in Marshall last November have migrated to Tyler, where Judges Leonard Davis and John Love held status conferences in ten pending patent cases last week. One case was a no-show, prompting...
Jury verdict for patent owner in Rembrandt case
Posted on February 06, 2008The jury in Judge Everingham's court in Marshall returned a verdict in the Rembrandt v. CIBA case, 2:05cv491 this afternoon. After sending out five notes, the jury returned a verdict for the plaintiff on infringement, but for the defendant on...
New ND Cal Patent Rules
Posted on February 03, 2008Dennis Crouch's Patently-O blog just featured a post by Edward Reines, chair of the ND Cal's local rules advisory committee on that district's new patent rules. The post contains a copy of the new rules and the committee report explaining...
Defense win in Sherman patent case
Posted on February 02, 2008Dell USA L.P. v. Lucent Technologies, Inc., (NO. 4:03-CV-347) Judge: Richard Schell This one was under the radar - didn't even show up on the Eastern District's court calendar and the docket does not yet have any entries dealing with...
Rembrandt v. CIBA gets underway
Posted on February 01, 2008After a slow January, February is shaping up to be a busy month in Marshall for trials in patent cases. First off the mark is Rembrandt v. CIBA, 2:05cv491, which picked a jury in Judge Everingham's court Wednesday and started...
Motion to Dismiss Indemnity Claim Against Third Party Defendant in Patent Case for Improper Venue Granted
Posted on January 31, 2008Iovate v. BSN, 9:07-CV-46 (E.D. Tex. 1/31/08) Judge: Ron Clark Holding: Motion to Dismiss for Improper Venue GRANTED This one's not reported yet, but was worth posting on. This is a Lufkin patent case in which plaintiff Iovate accuses defendant...
The second article, which I'm afraid
Posted on January 28, 2008The second article, which I'm afraid doesn't seem to be available online yet, and in paper only to members of the Litigation Section of the State Bar of Texas is an article in the Winter 2007 edition of the Section's...
Texas Bar Journal "Year in Review" 2007 - "Patent Litigation: A Changing Landscape"
Posted on January 28, 2008In the middle of my firm change this month (more on that later) I haven't posted on a couple of articles I wrote on patent litigation that came out in Texas legal publications this month. The first is an article...
Managing Discovery of Electronic Information: A Pocket Guide for Judges - Barbara J. Rothstein, Ronald J. Hedges, and Elizabeth C. Wiggins
Posted on January 27, 2008One of the weblogs that I monitor is Electronic Discovery Law at K & L Gates. This week I ran across a post on it about a new Federal Judicial Center publication Managing Discovery of Electronic Information: A Pocket Guide...
New Local RuleCV-62 regarding supersedeas bonds.
Posted on January 24, 2008Chief Judge Heartfield recently signed into effect via General Order 08-4 , Download 08-4.pdf new Local RuleCV-62 regarding supersedeas bonds. The new rule requires that, unless otherwise ordered by the presiding judge (or the requirement of such a bond is...
Local Rules amendments
Posted on January 11, 2008Chief Judge Heartfield just signed G.O. 08-02, Download go_082.pdf which amends a couple of our local rules. Among other things, the order (1) allows attorneys to e-file sealed documents without first having to seek permission to do so; and (2)...
Marshall Status conferences - questions on P.R. 3-1 deadlines
Posted on January 09, 2008I have already gotten calls from attendees at yesterday's conferences who said that they heard that the deadlines for PR 3-1 is 34 days after the conference, not 24 as I wrote yesterday - and for the 8:30 and 9...
Marshall Status Conference II: To Consent or Not to Consent
Posted on January 08, 2008The second round of Judges Ward and Everingham's status conferences in patent cases took place in Marshall today, and a good time was had by all. 33 cases received Markman hearing and trial dates, and one case announced settled (to...
Marshall Court Reporter Susan Simmons Awarded the Texas Court Reporters Association Distinguished Service Award
Posted on December 18, 2007As reflected in the attached article from The Circuit Rider, the official publication of the U.S. Court Reporters Association, Judge Ward's court report Susan Simmons from Marshall recently received the Texas Court Reporters Association's Distinguished Service Award...
Motion to Transfer FELA Case Denied; Motion "filed merely for tactical delay and not for the convenience of any witness or party"
Posted on December 17, 2007Martin v. BNSF Ry. Co., 2007 WL 4333341(E.D.Tex. Dec 10, 2007) (NO. CIV.A. 9:07-CV-154) Judge: Ron Clark Holding: Defendant's Motion to Transfer DENIED This is a FELA (railroad worker injury) case in which BNSF sought a transfer from Lufkin to...
Patent haiku contest over at Troll Tracker
Posted on December 14, 2007Was interested to see that Troll Tracker is running a patent haiku contest next week with the categories being: Ray Niro Ray Niro's client GPH's JPEG-on-a-website patent Scott Harris James Beauregard Parker Eastern District of Texas and (my personal favorite)...
Claims Construction Order in Nubra Case
Posted on December 13, 2007Black v. Ce Soir Lingerie Co. Inc. et al., (Dec. 12, 2007) Judge: Lohn Love Holding: Claims construction ruling You just gotta love an order construing the term "nipple cover" by a judge named Love. That's all I'm going to...
Claims Construction Opinion
Posted on December 13, 2007Anascape, Ltd. v. Microsoft Corp., 2007 WL 4268788(E.D.Tex. Nov 30, 2007) (NO. CIV.A. 9:06-CV-158) Judge: Ron Clark Holding: Claims construction opinion
Defendant's Motion for Summary Judgment of Noninfringement Granted
Posted on December 13, 2007USA Video Technology Corp. v. Time Warner Cable, 2007 WL 4365773 (Dec. 10, 2007) Judge: Ron Clark Holding: Defendant's Motion for Summary Judgment of Noninfringement GRANTED After conducting the claims construction hearing in this case, Judge Clark concluded that the...
All (patent lawyers) need is ... clarity
Posted on December 13, 2007Freescale Semiconductor, Inc. v. Promos Technologies, 2007 WL 4290004(E.D.Tex. Dec 05, 2007) (NO. 4:06CV491) Judge: Don Bush Holding: Plaintiff's Motion to Compel Discovery GRANTED in part. More fun and games with patent lawyers in Judge Bush's court...
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How do i go bout geting a free laywer to sue the durham police department for drug raids and nothing is found?they have been in my house 4 or 5 times seems like every 4 months or so and breaking down my door tearing up m
They need a warrant to get into your house...if they never showed you one...you ...
Is a child fathered out of wedlock by an American diplomat to a foreign women on foreign soil entitled to US Citizenship by jus sanguinis?
This is a very tough situation your friend is in. It is difficult to know the ex...
Did I harass someone?
Oh, yes. This can be taken in as so many things, especially since you had testif...
How can I get my parents away from my bulling brother?
First of all, if you are paying your lawyer, you should not be on the back burne...
How to prove housing discrimination based on sexual orientation in student housing?
There are several things you can do. First of all, contact any welfare advisors,...
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