Federal Judiciary

Busy Week in the patent docket

By Michael C. Smith

I'm in Tyler all week in the Soverain v. Newegg patent trial (the first in my career in which the defendant declined to assert a JMOL motion at the close of the plaintiff's case in chief yesterday afternoon, even after the court twice invited the motion, so I have gotten to see something new), while Judge Rader is working the Red Hat case in Marshall.  The trial teams in Soverain are out for lunch but Judge Davis skipped lunch, instead proceeding with a hearing in yet another patent case - I just poked my head in and there are two tables and a jury box full of lawyers getting quizzed about trial budgets, among other things.

Meanwhile the Federal Circuit has come out with a couple of affirmances of  Eastern District judges this week - Judge Ward for finding inequitable conduct in the Avid case, and Judge Love (or Davis - I have not checked yet) for granting summary judgment in Fenner v. Microsoft.  Coincidentally, another Fenner case - this one against HP and Dell is set for jury selection before Judge Love next Thursday - the parties having consented to have Judge Love try the case last week.

Full post as published by Eastern District of Texas Federal Court Practice on April 28, 2010 (boomark / email).