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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

Motion to Dismiss or Transfer for Improper or Inconvenient Venue Denied

Posted on June 22, 2009
GBS 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, 2009
After 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, 2009
For 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, 2009
Ever 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...

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Motions to Transfer Denied; Motion to Dismiss for Lack of Personal Jurisdiction Granted

Posted on June 12, 2009
Acceleron, 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, 2009
Datatreasury 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, 2009
Texas 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, 2009
This 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, 2009
Sipco, 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, 2009
Tomorrow 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, 2009
The 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, 2009
MHL 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, 2009
Intellectual 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, 2009
Fenner 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, 2009
Accolade 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, 2009
Hyundai 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, 2009
Accolade 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, 2009
No, 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, 2009
I 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, 2009
Point 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, 2009
An 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, 2009
In 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, 2009
Konami 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, 2009
The 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, 2009
The 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, 2009
Friday 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, 2009
Yesterday 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, 2009
The 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, 2009
John 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, 2009
It'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...

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