Eastern District of Texas Federal Court Practice: Federal Judiciary

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Federal Judiciary

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: 5.6/day

Last Entry: March 28, 2011 at 11:53:28

Prejudgment Interest for ... Lawyers Who Don't See The Issue Often Enough

Posted on March 28, 2011
Affinity Labs of Texas, LLC v. BMW North America, LLC et al, 9:08-cv-00164 (3/28/11) Judge: Ron Clark Holding: Motion for Prejudgment Interest GRANTED Prejudgment interest is one of those annoying issues (not unlike court costs and postjudgment interest) that even...

Motion to Transfer Venue Granted (But Don't Brief Like This At Home)

Posted on March 28, 2011
DE Technologies, Inc. v. E4X, Inc., et. al., 2:10cv139 (3/24/11) Judge: T. John Ward Holding: Motion to Transfer Venue GRANTED Defendants sought dismissal for improper venue, or in the alternative a transfer to Virginia or if not Virginia, California...

Name of An Accused Product and Elements of Induced & Contributory Infringement Not Required to Be Included in Complaint

Posted on March 28, 2011
LML Patent Corp. v. National Bank of Daingerfield, et al., 2:09cv180 (3/24/11) Judge: T. John Ward Holding: Motion to Dismiss DENIED Defendants moved to dismiss, claiming that dismissal was proper because the plaintiff's complaint did not identify any accused product...

Patent verdict in Cheetah v. Verizon

Posted on March 20, 2011
Friday afternoon a Tyler jury in Judge Leonard Davis' court rendered a verdict for the plaintiff in Cheetah Omni, LLC v. Verizon Services Corp., et al., 6:09cv260. The jury found all six claims infringed, found none of the claims invalid...

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The "Hobson's Choice" Trilogy - Concerns About Litigation Costs Settlements Change Procedures in Multidefendant Patent Case

Posted on March 18, 2011
Parallel Networks v. Abercrombie & Fitch, et al, 6:10cv111 / PACid v. Cisco, et al., 6:09cv324 Judge: Leonard Davis Holdings: Actions consolidated; motion to sever and transfer denied as moot; plaintiff's motion to bifurcate liability and damages (no that's not...

Motion for Sanctions Against Losing Patent Plaintiff - Judge Leonard Davis Opines on When Rule 11 Sanctions Are Proper

Posted on March 11, 2011
Raylon LLC v. Complus Data Innovations, et al., 6:09cv355, 356, 357 (March 9, 2011) Judge: Leonard Davis Holding: Motion for Sanctions DENIED Practitioners in Tyler Judge Leonard Davis' court have heard the rumblings for several months now, starting in this...

Eastern District of Texas magistrate judge developments

Posted on March 06, 2011
I am delinquent in reporting that the Eastern District judges recently reappinted Magistrate Judge Don Bush of Plano to another eight year term. Also, at their recent meeting, the judges appointed Zachary J. "Zack" Hawthorn to replace Magistrate Judge Earl...

Petition for Writ of Mandamus Denied in Commil v. Cisco

Posted on March 04, 2011
Well it's TGIF for the Eastern District at the Federal Circuit today as another order just came out denying a petition directed at Judge Chad Everingham's order granting Commil a new trial in its case against Cisco on the issues...

Petition for Writ of Mandamus Denied in Eolas case (In re Google)

Posted on March 04, 2011
One of the more interesting venue opinion from the Eastern District of Texas recently is the Eolas case from last fall, which I posted on a few months back. In Eolas v. Adobe, 6:09cv446 (9/28/10), the party lineup included some...

More false marking venue rulings

Posted on March 03, 2011
Three more false marking cases had their motions examined by Judge Michael Schneider in Tyler at their status conferences yesterday. One defendant didn't move for transfer, and the remaining split, with one motion granted and one denied, bringing the totals...

Another false marking case transferred - false marking defendants now 10 out of 11

Posted on February 25, 2011
Tex Pat, LLC v. Becton, Dickinson and Company, et. al., 5:10cv00123 (2/22/11) Judge: Caroline Craven Holding: Motion to Transfer Venue recommended GRANTED False marking cases are becoming the New England Patriots of the venue world, having posted an 10-1 record...

Patent Case Transferred to California

Posted on February 24, 2011
Optimum Power Solutions LLC v. Apple, et al., 6:10cv61 (2/22/11) Judge: Leonard Davis Holding: Motion to Transfer Venue GRANTED While presiding over our trial in the Acqis v. IBM case earlier this week Judge Davis found time to enter this...

Patent verdict for plaintiff in Tyler

Posted on February 23, 2011
I am happy to congratulate my cocounsel George Chandler of Lufkin and the trial team from Cooley LLP on obtaining a favorable jury verdict in Judge Leonard Davis' court in Tyler this afternoon representing plaintiff Acqis against IBM. The jury...

More on SMU symposium on Eastern District patent docket

Posted on February 21, 2011
One of my co-panelists on Eastern District juries was Rob Conklin with Starr Litigation Services, and I wanted to flag that Rob has provided more analysis on our panel here on his weblog A Jury of Your Fears. He says...

Art at Work: Mieko Hathaway (and a bunch of second graders)

Posted on February 21, 2011
I posted recently on our reception for the local artists that provided works for the new office's opening exhibition, The Shoe Show. Many of these artists provide works regular for display at our office through our "Art at Work" program...

Art at Work: Mieko Hathaway (and a bunch of second graders)

Pleading infringement standards: motion to dismiss granted in part (but would you guys stop filing motions on issues that moot already?)

Posted on February 19, 2011
Prompt Medical Systems, L.P., 6:10cv71 (2/11/11) Judge: Leonard Davis Holding: Motion to Dismiss GRANTED-IN-PART A recurring issue in patent cases is how much detail in pleadings is required. Judge Davis provided another data point week before last in this case...

Motion to transfer denied in infringement case

Posted on February 19, 2011
Brooks Instrument v. MKS Instrument, 6:10cv221/223 (2/14/11) Judge: Leonard Davis Holding: Motion to Transfer Venue DENIED Plaintiff in this case is a Pennsylvania company which has a facility in the Eastern District of Texas which manufactures products which practice the...

False marking case ordered transferred

Posted on February 19, 2011
Promote Innovation v. Schering, 2:10cv248 (2/14/11) Judge: T. John Ward Holding: Motion to Transfer Venue GRANTED Well, this makes ten rulings, with nine cases transferred and one denied. Plaintiff is located in Houston, and defendant is in New Jersey...

False marking cases against multiple defendants severed into separate cases

Posted on February 19, 2011
Tompkins v. Able Planet, et al., 6:10cv58 (2/17/11) Judge: Michael Schneider Holding: Order of Severance As readers know, the typical false marking case involves claims against a single defendant. But there are a number of cases which involve multiple defendants,...

Catching up - Saturday morning roundup on events around the district (SMU seminar, false marking case activity, etc.)

Posted on February 19, 2011
I am catching up at the office this morningafter spending the first four day of last week in trial in a patent case in Judge Davis' court, followed by Thursday evening and Friday at the outstanding SMU symposium on the...

SMU symposium on Eastern District of Texas Patent Litigation

Posted on February 17, 2011
I will be speaking tomorrow morning, Friday, February 18, 2011 in Dallas on the opening panel at a symposium at SMU in Dallas The Eastern District of Texas and Patents, which is part of a series of seminar on emerging...

Marshall jury verdict for plaintiff; invalidity rejected even under "preponderance" standard

Posted on February 15, 2011
This afternoon a Marshall jury in Judge Everingham's court rendered a verdict for the plaintiff of $9 million in Alexsam v. IDT. This is usually where I say whether the jury found by clear and convincing evidence that the patents...

False Marking Update - Unenforceable Patent is "Unpatented" for False Marking Claim Purposes

Posted on February 04, 2011
Promote Innovation LLC v. Medtronic, Inc., 2:10cv00233 (E.D. Tex. 2/2/11) Judge: Chad Everingham Holding: Motion to Dismiss Recommended DENIED This is a false marking case in which the alleged false marking by the defendant not the routine case of an...

Plano Texas U.S. Courthouse and Ice Skating Rink

Posted on February 03, 2011
It really isn't usually like this around here. It was 80 degrees on Saturday. Will probably be 80 again this Saturday the way the weather works around here. (Photo courtesy Jerry Kelley)

Motion to Compel Patent Licenses Granted; Ruling Reserved As To Admissibility

Posted on February 02, 2011
LML Patent Corporation v. JP Morgan Chase & Co., et. al., 2:08cv00448 (E.D. Tex. 1/28/11) Judge: David Folsom Holding: Plaintiff's Motion to Compel GRANTED Plaintiff sought to compel production of unredacted copies of all of the defendants' patent licenses with...

Texas Historical Marker Application approved for SBPS offices at the Hub

Posted on February 01, 2011
I am happy to report that we just received notification from the Texas Historical Commission that our application for an official Texas Historical Marker for the historic Hub Shoe Store which preceded us in our building has been approved. The...

Snowy day in Marshall

Posted on February 01, 2011
The snow is starting to stick in Marshall (although in fairness this picture was taken three weeks ago) this afternoon as the jurors in the Laserdynamics case head home, and my two second-graders come by to start on their homework...

Shrinking verdict - new trial changes damages from $52 million to $8.5

Posted on February 01, 2011
I posted last week that Judge Ward picked three juries the Friday before. One of those cases settled, another, Saffran v. Johnson & Johnson resulted in a $482 million verdict, and today the third, LaserDynamics v. Asus Computer International, 2:06cv348,...

Saffran - jury verdict against Johnson & Johnson & Cordis of $482 million

Posted on January 28, 2011
I was in Judge Ward's courtroom this afternoon waiting to start a Markman when the jury in the Saffran case against Johnson & Johnson and Cordis came back. Answer to infringement was yes, no on invalidity and yes on willful....

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