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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

90-Day Discovery Stay Issued in Civil Rights Case Against Shelby County & City of Tenaha Officials

Posted on April 16, 2010
"On the HE--WT line, Old East Texas sure looks fine Drop me off just anywhere (near) Tenaha, Timpson, Bobo, and Blair * * * Let'er highball, engineer, Pull that throttle, track is clear, There's a gal just waitin' there, Tenaha,...

Number of Hours for Depositions ... - Disputes in Discovery and Docket Control Orders

Posted on April 09, 2010
U.S. Ethernet Innovations, LLC v. Acer, Inc. et al, 6:09cv448 (E.D. Tex., April 7, 2010) Magistrate Judge John D. Love 2010-04-07 Holding: Ruling on Partially Agreed Motion for Entry of Discovery and Docket Control Orders Judge Love's order resolving the...

Judge Rader Recuses in ClearValue

Posted on April 08, 2010
As readers know, Federal Circuit judge Randall Rader is coming to Marshall this month to hear cases. Judge Rader recently wrote that "[o]n March 30, 2010, the Honorable Leonard J. Davis sought to accommodate the desire of the undersigned to...

Motion to Transfer Denied, Citing Texas Connections and Governing Law

Posted on April 02, 2010
Calypso Wireless v. T-Mobile USA Inc, 2:08cv441 (3/31/10) Holding: Motion to Transfer Venue DENIED Judge: Chad Everingham Defendant's motion to transfer venue was denied in this case, which has plaintiffs and a crossclaimant from Texas and a big old fight...

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Motion to Transfer Denied, Citing Delay in Filing

Posted on April 02, 2010
Novartis Vaccines and Diagnostics, Inc. v. Wyeth et al, 2:08cv0067 (3/31/10) Holding: Motion to Transfer Venue DENIED Judge: Chad Everingham Judge Everingham denied this motion to transfer, noting that the defendant waited a full sixteen months after the plaintiff filed...

California v. California (mostly) case transferred to ... California

Posted on April 02, 2010
Ennova Direct, Inc. v. LG Electronics U.S.A., Inc., et al, 2:08cv0022 (3/31/10) Judge: Chad Everingham Holding: Motion to Transfer Venue GRANTEDJudge Everingham granted the Defendants' motion to transfer venue, noting that the plaintiff is headquartered in the Northern District of...

Hearing Components verdict affirmed - JMOL as to one product and judgment that additional claims indefinite set aside

Posted on April 02, 2010
Well, apparently no one was happy with the resolution of this case. Hearing Componenets v. Shure was tried in January of 2009 before Judge Ron Clark in Lufkin and resulted in a jury verdict of $4.622 million, which Judge Clark...

Federal Circuit Affirms Judge Love's "Meaningfully Precise" Claims Construction

Posted on April 01, 2010
One of the latest neat tools I've run across that is making it even more likely that I'll never catch up on my reading is a new RSS feed from PATRacer which provides links to new opinions from the Federal...

Patent Case Transferred to Michigan

Posted on March 30, 2010
Dura Operating Corp v. Magna International Inc. et al, 6:08cv0455 (3/26/10) Judge: John Love Holding: Motion to Transfer Venue GRANTED Here the plaintiff was from Michigan, as were two of the four defendants, with the other two from nearby parts...

Complaint Contained Inadequate Allegations of Patent Infringement - Repleading Ordered

Posted on March 30, 2010
Bedrock Computer Technologies, LLC v. Softlayer Technologies, Inc. et al., 6:09cv269 (March 29, 2010) Judge: Leonard Davis Holding: Defendant's Motion to Dismiss GRANTED; Plaintiff ordered to replead in 15 days Barney and Fred, at it again... A recurring issue in...

Reinforcements for the Judge Rader Docket

Posted on March 30, 2010
District judges nationwide will really appreciate the poetic justice of this one! Lest Judge Rader be twiddling his thumbs during his visit to Marshall because his cases are all resolving by summary judgment or settlement, Judge Leonard Davis just gave...

The 10 Most Important Things I have learned in 25 years as a Lawyer -- Plus One

Posted on March 30, 2010
This is a guest post by Sugarland lawyer David Healey. According to David "[c]opyright is licensed to anyone who wants to print, copy, cut and paste, sing or mumble the contents of this work." 1. Be 100% honest If you...

Texarkana Young Lawyer Association talk

Posted on March 27, 2010
I was pleased yesterday to be the guest speaker at the Texarkana Young Lawyers Association's monthly lunch meeting in, well, Texarkana. Topic was Federal Court Practice in the Eastern District of Texas, which consisted of a short formal presentation on...

DataTreasury trial concludes

Posted on March 27, 2010
The long-awaited DataTreasury trial before Judge David Folsom in Marshall concluded yesterday. The jury found infringement and willful infringement as to some claims, as well as that the invalidity defenses had not been proven by clear and convincing evidence...

Laissez Les Bon Tools Rouler? False Marking cases in the Eastern District of Texas

Posted on March 26, 2010
Hopefully the NFL hasn't trademarked this phrase or I'll be arguing the parody or sarcasm exception - whatever it is. One of the things I have been seeing in my practice in the Eastern District so far this year is...

SBPS White Sox Fall to Sparky Clean Express Wash Nationals, 14-4

Posted on March 25, 2010
Maybe there was something important going on in the Eastern District of Texas tonight, but if there was, I missed it spending a cold, blustery evening at Marshall's Airport Park watching my seven year olds Collin and Parker of SBPS'...

Judge Davis' Grant of Summary Judgment in Favor of Microsoft Affirmed by Federal Circuit

Posted on March 24, 2010
In the midst of all the hoopla over last week's jury verdict against Microsoft in Judge Davis' court in Tyler, the Federal Circuit today (Newman, Rader, Linn) affirmed Judge Davis' grant of summary judgment of noninfringement in Microsoft's favor last...

Plaintiff's Verdict in VirnetX v. Microsoft

Posted on March 22, 2010
Last Tuesday a Tyler jury in Judge Leonard Davis' court found for the plaintiff in VirnetX v. Microsoft, 6:07cv080. The jury found that Microsoft infringed the eleven asserted claims and that there was clear and convincing evidence that its infringement...

Washington D.C. trip

Posted on March 22, 2010
Well, last week's trip to our nation's capital had nothing to do with Judge Rader, although a bit to do with patent litigation, as my wife and I met, along with members of the Marshall Chamber of Commerce, with Texas...

Motion to Dismiss for Lack of Personal Jurisdiction Recommended Denied

Posted on March 22, 2010
Safety Link International, Inc. v. Boyce et al, 4:08cv415 (E.D. Tex. 3/11/10) Judge: Don D. Bush Motion to Dismiss for Lack of Personal Jurisdiction Recommended Denied For the alter ego groupies out there (and we all are at least once...

Crunch Time for the "Ab Rocket" Docket: Claims Against Manufacturer Severed and Transfer; Claims Against Retailers Stayed

Posted on March 22, 2010
Shifferaw v. Emson USA et al, 2:09cv0054 (E.D. Tex., 3/18/10) Judge: Chad Everingham Motion to Sever Claims GRANTED I'm sorry - it was there - I had to say it. Defendants, the manufacturer and retailers of the "Ab Rocket" sought...

Verdict in Colucci v. Callaway

Posted on March 09, 2010
I'm too busy catching up with yesterday's e-mails to come up with a bad golf pun, so I'll report it straight. On Friday a Tyler jury in Judge Love's court broke the tie of two wins each in patent trials...

Pretrial Conference in Washington, D.C.

Posted on March 09, 2010
As readers are aware, Federal Circuit Judge Randall Rader is sitting as a district judge in several patent cases set for trial in Marshall in April. Yesterday I enjoyed a quick trip to Washington, D.C. to attend the pretrial conference...

Matt Powers and Microsoft

Posted on March 04, 2010
Zusha Elinson over at LegalPad (a blog over at Cal Law) has a short post today on Microsoft's Matt Powers being back in Judge Leonard Davis' court representing Microsoft after the rather hard-edged comments he put in an appellate brief...

Counsel Ordered to Meet and Confer for Deposition Confidentiality Designations

Posted on March 04, 2010
Texas Advanced Optoelectronic Solutions v. Intersil, 4:08cv451 Judge: Don Bush Holding: Motion to Dedesignate Depositions TAKEN and RUN WITH You have to read this one to appreciate it. Download TAOS v Intersil Defendant moved to dedesignate a deposition as confidential...

Civil Case Appointment List

Posted on March 04, 2010
I wanted to pas along the following announcement: If you are interested in assisting indigent litigants while gaining valuable first chair trial experience, please contact the court?s volunteer coordinator, Eric Albritton, who maintains a list of lawyers available for court-appointments...

Federal Circuit Affirms Contempt Finding in TiVo v. Echostar

Posted on March 04, 2010
This morning the Federal Circuit issued its opinion Download 09-1374 affirming Chief Judge Folsom's order finding Echostar in contempt of the court's permanent injunction order. As readers may recall, the Federal Circuit previously affirmed the claims construction of the software...

Opti v. AMD case settles before closing statements

Posted on February 22, 2010
We'll have to wait a few more days to see whether the plaintiff or defendant will get to three patent wins this year first - the OPTi, Inc. v. AMD case that was being tried last week before Judge Everingham...

Marshall Jury Finds for Plaintiff in Trucking Case

Posted on February 22, 2010
For the second time in as many months I am pleased to be able to congratulate my cocounsel on a favorable result in a trial in federal court here in Marshall. Following our firm's assistance in a defense win last...

Infringement Finding in Smith & Nephew Patent Case

Posted on February 17, 2010
The Smith & Nephew v. Arthrex case concluded Tuesday with a jury finding of direct and induced infringement of the one remaining claim asserted. The jury answered no to the public use and on sale defenses, and assessed damages at...

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