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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

"Recent Developments in the Eastern District of Texas: How They Affect Patent Law, E-Commerce and the Internet": ABA Section of Business Law Spring Meeting - Dallas, Texas April 10-12, 2008

Posted on April 09, 2008
I posted a couple of days ago on the panel I am chairing in Arlington Virginia this Friday on patent litigation in the Eastern District of Texas at the ABA's IP seminar. In a truly bizarre twist of scheduling, I...

SRBPS-M sponsors Marshall Visual Art Center after school classes

Posted on April 07, 2008
The Marshall office of Siebman, Reynolds, Burg, Phillips & Smith, LLP is proud to be a sponsor of the Marshall Visual Art Center's free after-school classes for youth from the Boys and Girls Club of the Big Pines and scholarships...

2007 - The "Annus Horribilis" for Plaintiffs' Patent Cases at Trial

Posted on April 07, 2008
When opening Parliament in 1992, Queen Elizabeth referred wryly to the year, which had seen one of her palaces burn, two children separate from their spouses and a third divorce and - to cap it all off - she had...

Judgment vacated & remanded for additional construction in O2 Micro v. Bitek

Posted on April 04, 2008
O2 Micro Intern. Ltd. v. Beyond Innovation Technology Co., Ltd.,--- F.3d ----, 2008 WL 878924, C.A.Fed. (Tex.), April 03, 2008 (NO. 2007-1302, 2007-1303, 2007-1304). Yesterday the Federal Circuit vacated the judgment in this case and remanded for the district court...

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Order on post-trial motions in Orion v. Hyundai

Posted on April 04, 2008
Orion IP v. Hyundai, No. 6:05 CV 322 (March 28, 2008) Judge: Leonard Davis Holding: Plaintiff's motion for enhanced damages, fees, injunction and for sanctions DENIED; Defendant's motion for remittitur DENIED; No finding of inequitable conduct This was a patent...

"Death and Texas: How to Survive and Thrive in Patent Litigation in the Eastern District": ABA's 23rd Annual Intellectual Property Law Conference

Posted on April 04, 2008
I have been asked to chair a panel discussion at the American Bar Association's 23rd Annual Intellectual Property Law Conference in Arlington, Virginia next week. The panel will be at 10:15 am Friday, April 11, and is entitled "Death and...

Podcast on Blackboard v. Desire2Learn case

Posted on April 02, 2008
I participated in a podcast earlier today with Barry Dahl, who is the CIO at Lake Superior College in Duluth, MN about some of the issues in the pending Blackboard v. Desire2Learn case. Barry does a series of podcasts about...

SRBPS-Marshall "Art at Work": April/May 2008 featured artist Carol Pace

Posted on April 02, 2008
Several weeks ago I promised a few different things in my new office - here's the first. The Marshall office of Siebman, Reynolds, Burg, Phillips & Smith is premiering an "Art at Work" program featuring local artists. Marshall has a...

Motion to Dismiss for Failure to State a Claim Granted in Class Action

Posted on March 31, 2008
Today was certainly the day to be a defendant in Marshall! After transferring a patent case to Delaware Judge Ward today granted the defendant's motion to dismiss the plaintiff's class action complaint for failure to state a claim in Oden...

Patent case transferred to Delaware

Posted on March 31, 2008
Chi Mei Optoelectronics Corporation v. LG Phillips LCD Co., LTD et al, 2:07-cv-176 (March 31, 2008) Judge: T. John Ward Holding: Motion to Transfer Venue GRANTED This is a patent case in which Judge Ward earlier today transferred the case...

Wikipedia as Authority in Technology Tutorials for the Court

Posted on March 29, 2008
Buried in footnote 4 of Judge Clark's Markman ruling in Iovate Health Sciences Inc et al v. Bio-Engineered Supplements & Nutrition Inc , 9:07-cv-46 is the Court's bemused observation that "[a]t the end of its technology synopsis, supposedly submitted for...

Big changes to certificates of conferences

Posted on March 28, 2008
On March 19, Chief Judge Heartfield signed General Order 08-05, which makes minor modifications to the rules for motions for leave to file and motions for leave to exceed page limitations, but significant changes to to certificate of conference requirement...

Baylor Law School's "Practice Court" featured in magazine article

Posted on March 26, 2008
Baylor Magazine this month has a feature on Baylor Law School, focusing on the required Practice Court program. Since several of the Eastern District of Texas judges who handle a large portion of the patent docket (Judges T. John Ward,...

Postverdict relief denied in patent portion of Avid v. Philips; judgment entered

Posted on March 26, 2008
Judge Ward continues to clear out postverdict issues in recent patent trials with the entry of rulings in the Avid v. Philips et al, 2:04cv183 case tried recently. As readers may recall, the verdict was only $26,981 for patent infringement,...

QPSX v. Nortel settles

Posted on March 26, 2008
QPSX Developments 5 Pty Ltd. v. Nortel Networks, Inc., NO. CIV.A. 2:05-CV-268, the case which resulted in a $28 million verdict last spring, reduced to $11 million by Judge Ward in a post-verdict ruling last week (excluding enhancement) settled earlier...

The "Fun Ships" of Carnival - With Industry Standard One-Year Limitations Provisions!

Posted on March 24, 2008
Marrinan v. Carnival Corp., 2008 WL 728202(E.D.Tex. Mar 17, 2008) (NO. 6:06-CV-294) Judge: Michael Schneider Holding: Defendant's Second Motion for Summary Judgment GRANTED. Plaintiff and his wife took a Carnival cruise for their 25th anniversary. Their cruise contract contained a...

Scope of Waiver of Privilege from Reissue Declaration

Posted on March 24, 2008
Mass Engineered Design, Inc. v. Ergotron, Inc., 2008 WL 744705(E.D.Tex. Mar 19, 2008) (NO. 206 CV 272) Judge: Leonard Davis Holding: Ergotron's Motion to Compel Discovery and for an Order Concerning Plaintiff's Waiver of the Attorney-Client Privilege GRANTED Last week...

QPSX v. Nortel JMOL/Remittitur opinion reported

Posted on March 24, 2008
QPSX Developments 5 Pty Ltd. v. Nortel Networks, Inc., 2008 WL 728201(E.D.Tex. Mar 18, 2008) (NO. CIV.A. 2:05-CV-268) Judge: T. John Ward Holding: Defendant's Motion for Judgment as a Matter of Law DENIED; Remittitur GRANTED I posted on this last...

Claims construction opinion

Posted on March 24, 2008
Pressure Products Medical Supplies, Inc. v. Enpath Medical, Inc., 2008 WL 744250(E.D.Tex. Mar 19, 2008) (NO. CIV.A. 9:06-CV-121) Judge: Keith Giblin Holding: Claims construction opinion

Motions to dismiss denied in insurance coverage case

Posted on March 21, 2008
Cincinnati Ins. Co. v. RBP Chemical Technology, Inc., 2008 WL 686156(E.D.Tex. Mar 06, 2008) (NO. CIV.A. 1:07-CV-699) Judge: Ron Clark Holding: Defendants' Motion to Dismiss DENIED Plaintiff Cincinnati Insurance sought a declaratory judgment that it had no duty to defend...

Rubber Polymers' Motion to Remand Bounced

Posted on March 21, 2008
Rubber Polymers, Inc. v. Dupont Dow Elastomers, LLC, 2008 WL 686212(E.D.Tex. Mar 06, 2008) (NO. 1:07-CV-892) Judge: Ron Clark Holding: Motion to Remand DENIED Plaintiff Rubber Polymers, Inc. moved to remand this case to state court, citing the forum defendant...

Claims construction opinion; indefiniteness argument rejected

Posted on March 21, 2008
Mass Engineered Design, Inc. v. Ergotron, Inc., 2008 WL 695900(E.D.Tex. Mar 13, 2008) (NO. 206 CV 272) Judge: Leonard Davis Holding: Claims construction opinion; Defendants' Motion for Summary Judgment for Failure to Comply with 35 U.S.C. � 112 DENIED Interesting...

Claims construction opinion

Posted on March 20, 2008
Mettler-Toledo, Inc. v. Fairbanks Scales Inc., 2008 WL 648521(E.D.Tex. Mar 07, 2008) (NO. CIV.A. 9:06-CV-97) Judge: Keith Giblin Holding: Claims construction opinion

Blackboard v. Desire2Learn - injunction update

Posted on March 20, 2008
On March 10 Judge Clark held a hearing on the plaintiff's request for a permanent injunction in this case, which recently resulted in a verdict for the plaintiff. He issued a Judgment and Permanent Injunction that prohibits Desire2Learn from using...

Motion to Transfer denied in Jones Act case

Posted on March 20, 2008
Hayes v. Kirby Inland Marine, LP, 2008 WL 694710(E.D.Tex. Mar 13, 2008) (NO. CIV.A. 2:07-CV-126) Judge: T. John Ward Holding: Motion to Transfer Venue DENIED This is a Jones Act case involved an injury to the relief captain of a...

The Other Shoe Drops: The Rest of the Plaintiff's Claims are Invalid as Indefinite Too

Posted on March 19, 2008
PureChoice, Inc. v. Honeywell Intern., Inc., 2008 WL 695047(E.D.Tex. Mar 13, 2008) (NO. CIV.A. 2:06-CV-244) Judge: T. John Ward Holding: Two months ago Judge Ward in his January 22, 2008 Markman order found that two claim limitations in United States...

Breaking News on QPSX v. Nortel - Remittitur Granted From $28 million to $11.82 million.

Posted on March 18, 2008
In April of last year, a Marshall jury in Judge Ward's court found for the plaintiff in QPSX Development 5 PTY LTD v. Nortel, et al., 2:05cv268. Nortel was the only defendant remaining at trial, and the jury found infringement,...

TrollTracker suit removed to Eastern District of Texas

Posted on March 17, 2008
References to the Eastern District as a "banana republic" by Mr. Frenkel or any other Cisco employees were notably absent when Cisco and Frenkel removed the defamation case filed against them from state court to the Eastern District of Texas...

American Lawyer article - "Taming Texas"

Posted on March 14, 2008
Another good article, this time by Nate Raymond in this month's American Lawyer (a much abbreviated version is in this month's IP Law & Business) about the Eastern District docket. The article, Taming Texas, tracks the trend, which began in...

IPLaw 360 article on "TrollTracker" story

Posted on March 14, 2008
Very good article by Ron Zapata in today's IPLaw 360, Outed 'Troll Tracker' Blogger Draws Ire Of IP Lawyers on the pending case against Rick Frenkel and Cisco. Available only to subscribers, but worth a read if you want a...

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