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

TrollTracker defamation case

Posted on March 12, 2008
You leave town for a couple of days to watch a shuttle launch with your kids and everybody loses their mind... I was made aware of the Ward v. Cisco case filed against Cisco & Rick Frenkel last week when...

Judge Clark issues new procedures re: discovery-related motions, summary judgment motions, motions to strike expert testimony, and motions in limine

Posted on March 06, 2008
I usually don't post on individual judges' procedures, but today's order from Judge Clark in at least several pending Lufkin patent cases is a pretty innovative blend of existing procedures in use by other judges and new ideas about how...

Blackboard verdict details

Posted on February 28, 2008
Finally got to study the verdict in the Blackboard v. Desire2Learn case. On infringement the jury found yes on literal, induced and contributory infringement on all three claims both before and after a particular date (11/21/07). It found that the...

O2 Micro Int'l v. Rohm settles during trial

Posted on February 27, 2008
I know it'll disappoint everyone, but it looks like the O2 Micro v. Rohm case settled today, one day before trial was csheduling to finish.

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Claims construction opinion

Posted on February 27, 2008
GWIN, Inc. v. Don Best Sports, 2008 WL 379690, E.D.Tex., February 11, 2008 (NO. 2:06-CV-318) Judge: Leonard Davis Holding: Claims construction opinion

Claims construction opinion; Plaintiff stipulates to noninfringement

Posted on February 27, 2008
RFID Tracker Ltd. v. Wal-Mart Stores Inc., 2008 WL 382317, E.D.Tex., February 11, 2008 (NO. 6:06 CV 363) Judge: Leonard Davis Holding: Claims construction ruling. As part of Judge Davis' claim construction order, he adopted Defendants? definition of the term...

Claims construction opinion

Posted on February 27, 2008
Blackboard, Inc. v. Desire2Learn, Inc., 2008 WL 380359, E.D.Tex., February 11, 2008 (NO. 9:06-CV-155) Judge: Ron Clark Holding: Claims construction ruling Yes, I know there's already been a jury verdict in this case - I'm a little behind reading Markman...

Claims construction opinion

Posted on February 27, 2008
The Mathworks, Inc. v. Comsol AB, 2008 WL 393809, E.D.Tex., February 13, 2008 (NO. 6:06CV334) Judge: Leonard Davis Holding: Claims construction opinion

Claims construction ruling

Posted on February 27, 2008
Cooper Technologies Co. v. Thomas & Betts Corp., 2008 WL 438339, E.D.Tex., February 15, 2008 (NO. 2:06-CV-242) Judge: Chad Everingham Holding: Claims contsruction ruling

Marshall e-filing seminar

Posted on February 26, 2008
Just finished the e-filing seminar at the Marshall courthouse and am enjoying lunch with my lovely wife at the Blue Frog Grill on the square in downtown Marshall (as featured in a recent Texas Monthly). Seminar was very informative -...

Trolltracker unmasked

Posted on February 24, 2008
In a post today, Rick Frenkel revealed that he is Troll Tracker. (Pic is not of Rick but I'm assuming that vampire trackers and troll trackers are similar. I doubt he'll mind). Very interesting post, so I'd recommend you take...

More details on Blackboard verdict

Posted on February 23, 2008
The jury in the Blackboard Inc. v. Desire2Learn Inc. case, 9:06cv155 in Lufkin in Judge Clark's court found for the plaintiff on infringement and found that the defendant had not shown by clear and convincing evidence that the patent was...

Jury verdict for plaintiff in Blackboard case

Posted on February 22, 2008
Apparently Troll Tracker works in the local Dairy Queen in Lufkin, Texas, because he just broke the news that the jury in the Blackboard Inc. v. Desire2Learn Inc. case, 9:06cv155 in Lufkin in Judge Clark's court just found for the...

Jury deliberating in Blackboard Inc. v. Desire2Learn Inc. in lufkin

Posted on February 22, 2008
The jury has begun deliberating in the Blackboard Inc. v. Desire2Learn Inc. case, 9:06cv155 in Lufkin in Judge Clark's court. Evidence finished Wednesday and the jury started deliberations yesterday. While the jury deliberates, the attorneys are presenting the inequitable conduct...

O2 Micro International Limited v. Rohm Co., LTD., et al - trial begins

Posted on February 22, 2008
Trial begins today in the O2 Micro International Limited v. Rohm Co., LTD., et al case, 2:05-cv-211 in Judge Everingham's court in Marshall, and is set to end no later than Feb. 28. At the Pre-Trial Management Conference, the parties...

Partiual summary judgment granted in Marshall patent case set to start trial tomorrow

Posted on February 21, 2008
O2 Micro International Limited v. Rohm Co., LTD., et al, 2:05-cv-211 (E.D. Tex. Feb. 21, 2008) Judge: Chad Everingham Holding: Defendant's Motion for Partial Summary Judgment GRANTED in part. The 02 Micro v. Rohm case is about to crank up...

Defense verdict in Marshall civil right case arising out of hospital altercation case

Posted on February 21, 2008
A Marshall jury in Judge John Love's court rendered a defense verdict yesterday in a civil suit arising out of an incident at Marshall Regional Medical Center. The jury came back after about half an hour of deliberations. The jury...

Training seminar on recent local rule changes, including the mandatory electronic filing of civil complaints and online payment of filing fees - sounds like a party to me!

Posted on February 20, 2008
Marshall-area lawyers, paralegals, legal assistants and legal secretaries are invited to attend a one-hour training seminar at 10:00 a.m. on Tuesday, February 26, 2008. The seminar will be held in Judge T. John Ward's courtroom at the U.S. Courthouse located...

Question: visiting lawyer office amenities

Posted on February 20, 2008
One of the things on my to-do list for my new offices in Marshall is to outfit the two small offices I have for visiting lawyers, and I thought I'd ask my readers what they like when visiting offices out...

In re VW en banc - update

Posted on February 15, 2008
The official order setting In re VW for en banc rehearing came out today, and I realized I forgot to point out one effect of the grant of rehearing en banc in my post yesterday - as the court's letter...

En banc review of In re VW II granted by Fifth Circuit

Posted on February 14, 2008
The mandamus proceeding in this case, known as In re Volkswagen II, started over a year ago in this case, and will continue for at least another four months - six months past the underlying case's trial setting, which the...

Jury verdict in E-Z Mart case

Posted on February 13, 2008
Blade v. EZ Mart, 2:06cv498 (E.D. Tex. Feb. 13, 2008) Holding: jury verdict In the midst of all the patent cases getting tried this month, especially in Marshall, not much attention gets paid to the other cases. I ran into...

New firm - Siebman, Reynolds, Burg, Phillips & Smith, LLP - Marshall

Posted on February 13, 2008
As the new weblog header reflects, I recently left my home of fifteen years at the Roth Law Firm to open a Marshall office for Siebman, Reynolds, Burg, Phillips & Smith, LLP. My new firm specializes in Eastern District federal...

Jury verdict in saffran v. Boston Scientific

Posted on February 12, 2008
Late yesterday a Marshall jury in Judge Ward's court rendered a verdict for the plaintiff in the Saffran v. Boston Scientific case, 2:05cv547 - yes on infringement, no question on willfulness, and no on invalidity. Damages were $431 million. That's...

Patent Case Transferred to a Great American in San Antonio

Posted on February 12, 2008
Kinetic Concepts, Inc. v. Bluesky Medical Group, Inc., 2008 WL 151276, E.D.Tex., January 15, 2008 (NO. CIV.A. 2:07-CV-188) Judge: T. John Ward Holding: Defendant's Motion to Transfer Venue to a Great American GRANTED This action is the second patent infringement...

Claims construction ruling

Posted on February 12, 2008
Cushion Technologies, LLC v. Adidas Salomon North America, Inc., 2008 WL 346056, E.D.Tex., February 05, 2008 (NO. 2:06-CV-347) Judge: Chad Everingham Holding: Claims construction ruling

Judgment for Patent defendant following claims construction ruling; Claims Indefinite

Posted on February 12, 2008
PureChoice, Inc. v. Honeywell Intern. Inc., 2008 WL 190317, E.D.Tex., January 22, 2008 (NO. CIV.A. 2:06-CV-244) Judge: T. John Ward Holding: Claims construction ruling/Stake Through the Heart of Plaintiff's Case This opinion started life as Judge Ward's claims construction opinion,...

"Choose Love" status conferences in Tyler

Posted on February 11, 2008
The consent/status hearings begun by Judges Ward and Everingham in Marshall last November have migrated to Tyler, where Judges Leonard Davis and John Love held status conferences in ten pending patent cases last week. One case was a no-show, prompting...

Jury verdict for patent owner in Rembrandt case

Posted on February 06, 2008
The jury in Judge Everingham's court in Marshall returned a verdict in the Rembrandt v. CIBA case, 2:05cv491 this afternoon. After sending out five notes, the jury returned a verdict for the plaintiff on infringement, but for the defendant on...

New ND Cal Patent Rules

Posted on February 03, 2008
Dennis Crouch's Patently-O blog just featured a post by Edward Reines, chair of the ND Cal's local rules advisory committee on that district's new patent rules. The post contains a copy of the new rules and the committee report explaining...

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