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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

Defense win in Sherman patent case

Posted on February 02, 2008
Dell USA L.P. v. Lucent Technologies, Inc., (NO. 4:03-CV-347) Judge: Richard Schell This one was under the radar - didn't even show up on the Eastern District's court calendar and the docket does not yet have any entries dealing with...

Rembrandt v. CIBA gets underway

Posted on February 01, 2008
After a slow January, February is shaping up to be a busy month in Marshall for trials in patent cases. First off the mark is Rembrandt v. CIBA, 2:05cv491, which picked a jury in Judge Everingham's court Wednesday and started...

Motion to Dismiss Indemnity Claim Against Third Party Defendant in Patent Case for Improper Venue Granted

Posted on January 31, 2008
Iovate v. BSN, 9:07-CV-46 (E.D. Tex. 1/31/08) Judge: Ron Clark Holding: Motion to Dismiss for Improper Venue GRANTED This one's not reported yet, but was worth posting on. This is a Lufkin patent case in which plaintiff Iovate accuses defendant...

The second article, which I'm afraid

Posted on January 28, 2008
The second article, which I'm afraid doesn't seem to be available online yet, and in paper only to members of the Litigation Section of the State Bar of Texas is an article in the Winter 2007 edition of the Section's...

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Texas Bar Journal "Year in Review" 2007 - "Patent Litigation: A Changing Landscape"

Posted on January 28, 2008
In the middle of my firm change this month (more on that later) I haven't posted on a couple of articles I wrote on patent litigation that came out in Texas legal publications this month. The first is an article...

Managing Discovery of Electronic Information: A Pocket Guide for Judges - Barbara J. Rothstein, Ronald J. Hedges, and Elizabeth C. Wiggins

Posted on January 27, 2008
One of the weblogs that I monitor is Electronic Discovery Law at K & L Gates. This week I ran across a post on it about a new Federal Judicial Center publication Managing Discovery of Electronic Information: A Pocket Guide...

New Local RuleCV-62 regarding supersedeas bonds.

Posted on January 24, 2008
Chief Judge Heartfield recently signed into effect via General Order 08-4 , Download 08-4.pdf new Local RuleCV-62 regarding supersedeas bonds. The new rule requires that, unless otherwise ordered by the presiding judge (or the requirement of such a bond is...

Local Rules amendments

Posted on January 11, 2008
Chief Judge Heartfield just signed G.O. 08-02, Download go_082.pdf which amends a couple of our local rules. Among other things, the order (1) allows attorneys to e-file sealed documents without first having to seek permission to do so; and (2)...

Marshall Status conferences - questions on P.R. 3-1 deadlines

Posted on January 09, 2008
I have already gotten calls from attendees at yesterday's conferences who said that they heard that the deadlines for PR 3-1 is 34 days after the conference, not 24 as I wrote yesterday - and for the 8:30 and 9...

Marshall Status Conference II: To Consent or Not to Consent

Posted on January 08, 2008
The second round of Judges Ward and Everingham's status conferences in patent cases took place in Marshall today, and a good time was had by all. 33 cases received Markman hearing and trial dates, and one case announced settled (to...

Marshall Court Reporter Susan Simmons Awarded the Texas Court Reporters Association Distinguished Service Award

Posted on December 18, 2007
As reflected in the attached article from The Circuit Rider, the official publication of the U.S. Court Reporters Association, Judge Ward's court report Susan Simmons from Marshall recently received the Texas Court Reporters Association's Distinguished Service Award...

Motion to Transfer FELA Case Denied; Motion "filed merely for tactical delay and not for the convenience of any witness or party"

Posted on December 17, 2007
Martin v. BNSF Ry. Co., 2007 WL 4333341(E.D.Tex. Dec 10, 2007) (NO. CIV.A. 9:07-CV-154) Judge: Ron Clark Holding: Defendant's Motion to Transfer DENIED This is a FELA (railroad worker injury) case in which BNSF sought a transfer from Lufkin to...

Patent haiku contest over at Troll Tracker

Posted on December 14, 2007
Was interested to see that Troll Tracker is running a patent haiku contest next week with the categories being: Ray Niro Ray Niro's client GPH's JPEG-on-a-website patent Scott Harris James Beauregard Parker Eastern District of Texas and (my personal favorite)...

Claims Construction Order in Nubra Case

Posted on December 13, 2007
Black v. Ce Soir Lingerie Co. Inc. et al., (Dec. 12, 2007) Judge: Lohn Love Holding: Claims construction ruling You just gotta love an order construing the term "nipple cover" by a judge named Love. That's all I'm going to...

Claims Construction Opinion

Posted on December 13, 2007
Anascape, Ltd. v. Microsoft Corp., 2007 WL 4268788(E.D.Tex. Nov 30, 2007) (NO. CIV.A. 9:06-CV-158) Judge: Ron Clark Holding: Claims construction opinion

Defendant's Motion for Summary Judgment of Noninfringement Granted

Posted on December 13, 2007
USA Video Technology Corp. v. Time Warner Cable, 2007 WL 4365773 (Dec. 10, 2007) Judge: Ron Clark Holding: Defendant's Motion for Summary Judgment of Noninfringement GRANTED After conducting the claims construction hearing in this case, Judge Clark concluded that the...

All (patent lawyers) need is ... clarity

Posted on December 13, 2007
Freescale Semiconductor, Inc. v. Promos Technologies, 2007 WL 4290004(E.D.Tex. Dec 05, 2007) (NO. 4:06CV491) Judge: Don Bush Holding: Plaintiff's Motion to Compel Discovery GRANTED in part. More fun and games with patent lawyers in Judge Bush's court...

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