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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

Batting .500 on motions for leave to amend invalidity contentions

Posted on January 28, 2011
ACQIS v. IBM, 6:09cv148 (E.D. Tex. 1/20/11) Judge: Leonard Davis Holding: Motions for Leave to Amend Invaldity Contentions GRANTED in part and DENIED in part. Motion for leave to amend contentions, both infringement and invalidity are creatures peculiar to patent...

False marking case transferred

Posted on January 28, 2011
Americans For Fair Patent Use, LLC v. The Orvis Company, Inc., 2:10cv00439 (E.D. Tex. 1/19/11) Judge: David Folsom Holding: Motion to Transfer Venue GRANTED I have to admit, I'm a bit partial to Orvis - I like their luggage. And...

"A work of artistry and history" - Marshall News Messenger reports on Hub renovation

Posted on January 25, 2011
Had a nice surprise on the front page of this morning's Marshall News Messenger, which ran a cover story on last night's artists reception at our new offices at the Hub. The article by reporter Terri Richardson says far better...

SBPS - Marshall hosting gallery reception for local artists in new offices Monday evening

Posted on January 21, 2011
Due to the odd pretrial conference and jury selection we are just a bit late getting invitations out, but I wanted to announce that the attorneys and staff of Siebman, Burg, Phillips & Smith LLP are hosting a gallery reception...

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The Be-All End-All Opinion On False Marking Cases and Motions to Transfer Venue

Posted on January 14, 2011
Texas Data v. Target, 2:10cv269 (E.D. Tex. Jan. 12, 2011) Judge: T. John Ward Holding: Motion to Transfer Venue DENIED For any other opinion this heading might be hyperbole, but this opinion merits a few waves of the proverbial lighter...

Texas disciplinary rules referendum

Posted on January 13, 2011
State Bar of Texas members will begin voting on proposed changes to the Texas disciplinary rules on Tuesday, January 18. I couldn't pass up this chance to share this excerpt from an interview with Thomas H. Watkins (not in the...

Eastern District trial success stats updated - post on Gametime IP

Posted on January 13, 2011
Just read this interesting post on the Gametime IP blog about Eastern District trial success stats from the recent Price Waterhouse Coopers study. It has some useful metrics on the plaintiff's win rate at trial, noting that the win rate...

Reconsidering "Pork"

Posted on January 12, 2011
The Eastern District of Texas is probably the only environment in which references to pork these days have nothing to do with Congress. Most Eastern District watchers are by now familiar with Judge Everingham's recent order granting a new trial...

Tyler False Marking Cases Heard at Scheduling Conferences

Posted on January 06, 2011
I spent the day in Tyler enjoying the federal courts' hospitality while attending a lengthy series of scheduling conferences in false marking cases in U. S. District Judge Michael Schneider's court. One nice thing about having 40% of the nation's...

Texas Bar Journal: Chair's Column & Patent Litigation Update

Posted on January 05, 2011
There are a couple of items in this month's Texas Bar Journal that readers might be interested in (link is to the digital edition, or you can locate individual articles here. The first is my chair's column on p. 8...

SBPS news: merit badge workshops in Marshall

Posted on December 27, 2010
The week after Christmas may be a slow week for law-related work, but the SBPS office in Marshall was busy this morning anyway, hosting 15 Boy Scouts of Troop 550, including my oldest, Grayson, who were attending a four-day merit...

SynQor - updated information on verdict

Posted on December 22, 2010
A few more details on yesterday's verdict in Judge T. John Ward's court in Marshall in the SynQor v. Artesyn Technologies case. The plaintiff asserted five patent against eleven entities (Artesyn Technologies, Inc., Astec America, Inc., Bel Fuse Inc., Cherokee...

California plaintiff patent case transferred to Wisconsin defendant's location

Posted on December 21, 2010
Illumination Management Solutions, Inc. v. Ruud Lighting, Inc., 6:10cv00279 (E.D. Tex. 12/17/10) Judge: John D. Love Holding: Motion to Transfer Venue GRANTED In a relatively short opinion Judge Love concluded that in this one-defendant case the Defendant's location in the...

Plaintiff's verdict in SynQor

Posted on December 21, 2010
This afternoon a jury in Judge T. John Ward's court in Marshall rendered a verdict for the plaintiff in the SynQor v. Artesy Technologies case, which involved several defendants. The verdict was a complicated one and precise numbers are not...

2010 SBPS ? Marshall Christmas Cards

Posted on December 20, 2010
The 2010 SBPS - Marshall Christmas cards went out over the weekend, and we are very proud of this year's cover art by Carol Pace, A New Beginning, which features the restored Hub building which now houses our offices. It...

Motion Challenging Sufficiency of Plaintiff's Repleaded Indirect Infringement Allegations Denied

Posted on December 16, 2010
Eolas Technologies Incorporated v. Adobe Systems Incorporated, et. al., 6:09cv446 (E.D. Tex., 12/13/10) Judge: Leonard Davis Holding: Motion to Dismiss for Failure to State a Claim DENIED On or near the front of the drawer containing defendants' standard defenses at...

Two More Federal Circuit Venue Opinions - In re Acer; In re Vistaprint

Posted on December 15, 2010
Assuming the Federal Circuit doesn't deliver any more the rest of the month, 2010 will end with one more venue mandamus ruling (six) than 2009 (five), with a pair of December 2010 rulings which bring's the year's total to three...

Applications open for magistrate judge position in Beaumont

Posted on December 08, 2010
A full-time position as a United States magistrate judge for the Eastern District of Texas at Beaumont becomes available when the current incumbent, Judge Earl Hines, retires on August 1, 2011. The current annual salary of the position is $160,080....

Important safety tip: Filing under seal is not the same as filing in camera.

Posted on December 07, 2010
First American CoreLogic, Inc. v. Fiserv, Inc., et. al. , 2:10cv00132 (E.D. Tex. December 2, 2010) Judge: T. John Ward Holding: Motion for Protective Order / Motion to Reclaim Privileged Documents DENIED Closely behind Shakespeare in providing useful one-liners for...

Hub artwork - "The Shoe Show" - various artists

Posted on December 01, 2010
One of the features of our new offices is that we reserved (and properly lit) the two interior walls for rotating displays of artwork by local artists in our "Art at Work" program. (Sharp eyes will notice our first three...

Hub artwork - "Marshall Post Office & Federal Courthouse" - Carol Pace

Posted on December 01, 2010
One of the nice things about the new offices is that we allowed plenty of room for artwork by Marshall's burgeoning artist community. While that usually means displaying artwork by local artists on a rotating basis, from time to time...

In an "Exceptional" Case, Court Orders Production of Negotiations Leading to License Agreements

Posted on December 01, 2010
Clear With Computers, LLC v. Hyundai Motor America, Inc., 6:09cv479 (E.D. Tex., Nov. 29, 2010) Judge: Leonard Davis Holding: Motions to Comepl GRANTED; Motion for Protective Order DENIED Defendants filed motions to compel asking that the plaintiff be required to...

Patent Case Transferred to Southern District of Texas

Posted on November 30, 2010
MGM Well Services, Inc. v. Production Control Services, Inc., 6:10cv00088 (E.D. Tex. 11/22/2010) Judge: John D. Love Holding: Motion to Transfer Venue GRANTED This is a case that turned on considerations of judicial economy, which Judge Love noted the Federal...

Plane Crash Claims Life of Former Texas Solicitor General Greg Coleman

Posted on November 24, 2010
I just saw the tragic news that Greg Coleman died in a plane crash last night in Florida. For readers that didn't know Greg, he was a partner in YetterColeman in Austin and prior to his service as Texas' first...

Marshall False Marking cases update part 1: the fog lifts (and real quick too)

Posted on November 23, 2010
It took Judge Ward just under fifteen minutes to address the common issues in false marking cases pending in his court by ruling on the pending motions in the first three status conferences. Generally speaking, the rulings are these: Motion...

False Marking Day at the Marshall courthouse; new offices open

Posted on November 23, 2010
The first batch of false marking cases filed in the Eastern District of Texas officially makes it to status conferences today, with over a dozen set for status conferences and motion hearings throughout the day in Judge T. John Ward's...

False Marking Cases in Marshall - Routine Cases and Wrinkles

Posted on November 23, 2010
"We're trying to get a handle on how we're going to proceed with theses cases" Judge Ward told the attorneys in his court repeatedly during the day as he and Judge Everingham conducted status conferences on their first sixteen "false...

State Bar of Texas Litigation Section - applications open for grants

Posted on November 18, 2010
The State Bar of Texas Litigation Section annually awards grants to deserving groups and organizations - information on the grants and past recipients can be found here. If readers know of any deserving applicants, please suggest that they look at...

Stay Pending Reexam Granted Where All Claims Amended

Posted on November 15, 2010
Southwire Co. v. Encore Wire Corp. et al., 6:09cv00289 (E.D. Tex. 11/10/2010) Judge: Leonard Davis Holding: Motion for Stay Pending Reexam GRANTED It always seems to come as a surprise to people that the actual facts of a case affect...

A Bridge Too Far: Following Jury Verdict of Infringement and Invalidity Defendant Failed to Show Inequitable Conduct by Clear and Convincing Evidence

Posted on November 12, 2010
Mettler-Toledo, Inc v. Fairbanks Scales Inc et al, 9:06cv00097) (E.D. Tex. 11/9/2010) Judge Keith F. Giblin Holding: No Inequitable Conduct Found Lt. General Frederick "Boy" Browning: I've just been on to Monty. He's very proud and pleased. Major General Urquhart:...

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