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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

Patent Case Transferred to California, citing In re Hoffman-La Roche

Posted on December 14, 2009
SMDK Corp. v. Creative Labs, 2:08cv26 (Dec. 14, 2009) Judge: David Folsom Holding: Motion to Transfer Venue GRANTED It didn't take long for In re Hoffman-La Roche to have an effect on motions to transfer already in the pipeline. In...

Tony Romo may resume holder duties for Dallas Cowboys

Posted on December 10, 2009
If you know of any more important (or terrifying) news than this to Eastern District of Texas practitioners, bring it on.

Readability bookmarklet

Posted on December 04, 2009
I recently ran across a little tool that I'm getting a lot of use out of, and I thought others might as well. It's called Readability, and it's a bookmarklet (meaning you activate it by dragging it to your bookmarks...

"Courthouse Colors" - 2009 SBPS Marshall Christmas card

Posted on December 04, 2009
The 2009 Siebman, Burg, Phillips & Smith, LLP - Marshall Christmas card will start going out today. Following up on Carol Pace's watercolor of the historic Harrison County Courthouse last year (shown in the background), we are happy to have...

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Postverdict ruling in Opti v. Apple - willfulness finding set aside; rest of verdict affirmed

Posted on December 03, 2009
Opti v. Apple, 2:07cv21 Judge: Chad Everingham Holding: Motions for judgment as a matter of law granted as to willfulness; denied on other issues This spring plaintiff OPTi obtained a jury verdict of infringement and willful infringement from a Marshall...

ED patent filings update/another Federal Circuit venue opinion

Posted on December 02, 2009
Couple of interesting developments in the Eastern District of relevance to the patent docket today. First, current court statistics indicate 256 patent cases have been filed in the district in the last twelve months (last December and 2009 through November)...

Summary Judgment of Invalidity (Obviousness) Granted; Motion for Leave to Amend to Assert Walker Process Claims Denied

Posted on November 24, 2009
The Ohio Willow Wood Company v. Thermo-Ply, Inc., (9-07-cv-00274) (Nov. 20, 2009) Judge: Ron Clark Holding: Defendant's Motion for Summary Judgment GRANTED; Defendant's Motion to Amend PICs DENIED On Friday Judge Clark granted summary judgment ending this case...

Motion for Summary Judgment on Patent Exhaustion & Implied License Granted in part

Posted on November 23, 2009
Laserdynamics, Inc. v. Quanta Storage America, Inc., 2009 WL 3763444(E.D.Tex. Jun 29, 2009) (NO. 2:06-CV-348-TJWCE) Judge: T. John Ward Holding: Motion for Summary Judgment on Patent Exhaustion & Implied License GRANTED in part Apparently somebody needed this opinion from last...

Motion to Tranfer Venue to Minnesota Denied

Posted on November 23, 2009
Deep Nines, Inc. v. McAfee, Inc., 2009 WL 3784372(E.D.Tex. Nov 10, 2009) (NO. CIV.A.9:09CV89) Judge: Ron Clark Holding: Motion to Transfer Venue DENIED "It is clear that where there is no connection with Texas or the Eastern District of Texas,...

Patent Case Transferred to California

Posted on November 23, 2009
Vasudevan Software, Inc. v. International Business Machines Corp., 2009 WL 3784371(E.D.Tex. Nov 10, 2009) (NO. 2:09-CV-105-TJW) Judge: T. John Ward Holding: Motion to Transfer Venue GRANTED This is a patent case with the plaintiff in North Carolina and the defendants...

Defense verdict in patent case in Marshall; trial stats so far in 2009

Posted on November 23, 2009
Last Thursday a Marshall jury in Judge Ward's court in Fiber Systems Int'l v. Applied Optical, 2:06cv473 returned a defense verdict on infringement in a patent case. One claim and one product was submitted - from what I've been able...

Order Awarding Damages for Post-Verdict Sales

Posted on November 20, 2009
Cummins-Allison Corp. v. SBM Co., Ltd., --- F.Supp.2d ----, 2009 WL 3855958 (E.D.Tex. Nov 13, 2009) (NO. CIV.A. 9:07CV196) Judge: Ron Clark Holding: Order re: Damages for Post-verdict Sales of Infringing Products This order arose in the context of sales...

Venuepalooza continues - Motion to Transfer Patent Case Denied

Posted on September 30, 2009
Convolve 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, 2009
Novartis 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, 2009
Mediostream 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, 2009
Immersion 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, 2009
Abstrax, 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, 2009
The 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, 2009
Yesterday 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, 2009
The 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, 2009
One 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, 2009
Reports 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, 2009
Congratulations 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, 2009
Abstrax, 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, 2009
Texas 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, 2009
Some 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, 2009
Abstrax, 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, 2009
Hyundai 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, 2009
Chrimar 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, 2009
QPSX 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...

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