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

CM/ECF and PACER back online

Posted on May 08, 2008
This 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, 2008
I 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, 2008
Visto 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, 2008
Stone 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...

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Motion to Amend Complaint & Infringement Contentions Granted; Motion to Dismiss/Transfer Denied

Posted on May 07, 2008
Mass 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, 2008
Chief 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, 2008
I 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, 2008
Spa 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, 2008
O2 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, 2008
Juxtacomm 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, 2008
Renhcol 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, 2008
Wingate 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, 2008
Had 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, 2008
Just 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, 2008
Just 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, 2008
RFID 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, 2008
Yesterday 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, 2008
One 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, 2008
Readers 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, 2008
The 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, 2008
I'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, 2008
Readers 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, 2008
Two 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, 2008
Last 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, 2008
Courtesy 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, 2008
For 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, 2008
To 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, 2008
One 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, 2008
Aloft 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, 2008
I neglected to mention the other day that Texas Lawyer featured our firm's new "Art at Work" program on their Tex Parte Blog. Enjoy!

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