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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

Judgment as a Matter of Law Granted on Willful Infringement Claims in Smith & Nephew case

Posted on February 12, 2010
As readers know, the Smith & Nephew v. Arthrex case dealing with the defendant's RetroButton ACL repair device is in its fifth day of trial today in snowy Marshall. Judge Ward has now granted the defendant's motion for judgment as...

Marshall, Texas, this morning

Posted on February 12, 2010

Case Found "Exceptional" After Summary Judgment of Noninfringement; Fees & Costs Awarded From Markman Ruling Forward

Posted on February 11, 2010
Sorkin v. Universal Building Products, 1:08cv133 (E.D. Tex., Jan. 25, 2010) Judge: Ron Clark Holding: Motion for Enhanced Damages/Attorneys' Fees GRANTED Defendant received a summary judgment of noninfringement following Judge Clark's Markman ruling, and now sought to have the case...

Sanctions Ruling from Chief Judge Folsom - $100,000 for failure to timely disclose a crucial document

Posted on February 11, 2010
ESN, LLC v. Cisco, 5:08cv20 (E.D. Tex. Dec. 30, 2009) Chief Judge David Folsom Holding: Defendant's Motion to Dismiss GRANTED; Plaintiff's Motion to Disqualify and for Sanctions GRANTED IN PART. Ever wondered how serious the Eastern District of Texas judges...

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Well, it doesn't compare to what

Posted on February 11, 2010
Well, it doesn't compare to what people are going through up Northeast, but the snow is falling - heavily by local standards - on the square in Marshall.

Summary judgment of no literal infringement granted in medical device patent case; trial proceeding on doctrine of equivalents with expert's "boilerplate" assertions excluded

Posted on February 10, 2010
Smith & Nephew, Inc. v. Arthrex, Inc., 2:07cv335 (E.D. Tex., Feb. 5, 2010) Judge: T. John Ward Holding: Defendant's Motion for Summary Judgment of Noninfringement GRANTED in part and DENIED in part Our compadre on the plaintiff's side in jury...

Judge Buchmeyer lives! Overheardincourt.com

Posted on February 10, 2010
Just ran across OverheardInCourt.com - a site dedicated to the memory of Judge Buchmeyer and his long running, much loved, column in the Texas Bar Journal. It chronicles the often hilarious world of courtroom antics for everyone's enjoyment. If you...

Infringement Contentions Ordered Supplemented

Posted on February 09, 2010
EON Corp. IP Holdings, LLC v. Sensus USA Inc., 2010 WL 346218(E.D.Tex. Jan 21, 2010) (NO. 6:09-CV-116) Judge: John Love Holding: Motion to Compel Testimony/Strike Infringement Contentions DENIED without prejudice; Motion for Protective Order DENIED; Infringement contentions ordered supplemented...

Papers and Seminars: What Is It About Patent Venue...?

Posted on February 08, 2010
It has already been a busy year on the speaking front, even with a busy trial schedule as local counsel in federal court here in Marshall and Tyler - we picked a jury in a patent case which resulted in...

Marshall Jury Finds for Defendant Google - No Infringement and Patents Invalid

Posted on January 26, 2010
Today a Marshall jury in Judge Everingham's court in Function Media v. Google, 2:07cv279, found that defendant Google's AdSense products did not infringe the nine asserted claims of Function Media's two patents. The jury further found that Google had shown...

Women and the Law: The Advocate (Winter 2009)

Posted on January 19, 2010
The State Bar of Texas Litigation Section's quarterly publication The Advocate is always welcome to hit my desk - it's one of the few bar-related publication that actually consistently provides me with useful information (the Texas Bar Journal accompanies it...

January 2010 patent docket, rounds 2 and 3 ...

Posted on January 19, 2010
As I previously noted, last week ended with a JMOL in favor the accused infringer in the patent case in trial in Judge Ward's court in Marshall, and Judges Davis and Love's patent cases in Tyler both settled (the former...

Motion to Strike New Invalidity Theories Granted-in Part; Defendant Cannot "Reserve the Right" to Assert New Combinations

Posted on January 18, 2010
Realtime Data v. Packeteer, Inc., 2009 WL 4782062 (E.D. Tex. Dec. 8, 2009) Judge: John LoveHolding: Motion to Strike New Invalidity Theories Granted-in Part In this opinion, Judge Love addressed the issue of when a defendant's invalidity contentions should be...

Judge Bush Receives Serjeant of the Inn Award at Inns of Court Ceremony

Posted on January 15, 2010
I attended a joint meeting of the Metroplex American Inns of Court last night at which the Eastern District of Texas' own Magistrate Judge Don Bush received the Serjeant of the Inn award from the Paul Brown American Inn of...

Jefferson Bar Journal feature on Judge Thad Heartfield

Posted on January 15, 2010
As district regulars know, January 1, 2010 marked former Chief Judge Thad Heartfield of Beaumont's assumption of senior status. I just received from one of Judge Heartfield's many admirers a copy of this very nice article about the judge from...

The Prior Art talks to i4i v. Microsoft jurors

Posted on January 13, 2010
Joe Mullin with IP Law & Business has a great article discussing the recent i4i v. Microsoft case with some of the jurors. The upshot is that in the jurors' mind the case wasn't even close - after they heard...

JMOL order filed in Southwest EFuels v. 3T

Posted on January 13, 2010
Southwest Efuel Network, L.L.C. v. Transaction Tracking Technologies, Inc., 2:07cv311 (Ed. Tex., Jan. 13, 2010) Judge: T. John Ward Holding: Defendant's Motion for Judgment as a Matter of Law GRANTED It took Judge Ward just a day to get the...

Defense Wins JMOL at Conclusion of Plaintiff's Case in Marshall Patent Trial

Posted on January 12, 2010
I would like to congratulate my cocounsel Joel T. Beres, James ("Randy") Michels, William C. Ferrell and Melissa C. Hunter of the Nashville, Tennessee firm of Stites and Harbison, PPLC for achieving a win for our client Transaction Tracking Technologies,...

Federal Circuit Denies Petition for Mandamus of Order Denying Transfer

Posted on January 07, 2010
Yesterday in In re Vtech Communications the Federal Circuit denied a petition for writ of mandamus directed at one of Judge Folsom's orders denying transfer. I'll post more when I have studied the ruling further. By my count that's seven...

Federal Circuit Denies Petition for Mandamus as to Venue Order in Motorola v. Vtech

Posted on January 07, 2010
Yesterday in In re Vtech Communications, Misc. Docket No. 909 (Jan. 6, 2010) the Federal Circuit denied a petition for writ of mandamus directed at one of Judge Folsom's orders denying transfer. The opinion affirmed Judge Folsom's reliance in Motorola...

Texas Lawyer features Marshall courthouse

Posted on December 27, 2009
No, the other Marshall courthouse. This week's Texas Lawyer has on its front page an article Winter Wonderland: Harrison County's Wish for a Restored Courthouse Finally Comes True by John Council which details the long story of the restoration of...

Federal Circuit Judge Randall Rader assigned an Eastern District of Texas case for trial

Posted on December 22, 2009
The attorneys in Widevine v. Verimatrix, 2:07cv321, a patent case pending before Judge T. John Ward in Marshall got a bit of a surprise today when Judge Ward reset this case (currently set for jury selection in February 2010) for...

Word out - Judge Davis loses one (Nintendo) - wins one (i4i v. Microsoft); Civ Pro Stocking Stuffer

Posted on December 22, 2009
It's been a busy week for Judge Leonard Davis in Tyler. Last week while he was busy trying a patent case in Tyler the Federal Circuit sent him a load of coal and sticks by granting a mandamus in the...

Another Retractable Verdict

Posted on December 21, 2009
What is it about a keyboard that makes me search for double meanings and bad puns? Not a clue. Anyway, Friday saw another jury verdict in a patent/trade secrets case, with a Tyler jury in Judge Davis' court finding infringment...

Summary Judgment of Noninfringement Granted in MHL TEK

Posted on December 16, 2009
MHL Tek, LLC v. Nissan, et al., 2:07cv289 (E.D.Tex. Dec. 15, 2009) Judge: T. John Ward Holding: Motion for summary judgment of noninfringement GRANTED. Okay, it may not be the right logo, but I thought the post needed some visual...

Future Royalty Awarded in Creative v. Yahoo!

Posted on December 16, 2009
Creative Internet Advertising Corp. v. Yahoo! Inc., 2009 WL 4730622(E.D.Tex. Dec 09, 2009) (NO. CIV.A. 6:07CV354-JDL) Judge: John Love Holding: Motion for Entry of Judgment on the Verdict GRANTED I am currently way, way behind on a paper updating attendees...

False Start on Motion for Summary Judgment of Indefiniteness

Posted on December 16, 2009
Konami Digital Entertainment Co, Ltd. et al v. Harmonix Music Systems, Inc. et al, No. 6:08cv00286 (E.D. Tex. Dec. 14, 2009)TXED Judge: John Love Holding: Motion to Strike Motion for Partial Summary Judgment of Indefiniteness DENIED Well, it's really offsetting...

Motion to Sever and Transfer Claims Against Single Defendant Denied

Posted on December 15, 2009
IP Co., LLC v. Intus IQ, 2:09cv37 (E.D. Tex. 8/3/09) Judge: David Folsom Holding: Motion to Transfer Venue DENIED Judge Folsom denied a motion by one defendant for a severance and transfer of the plaintiff's claims against it. Noting that...

Motion to Transfer Denied at to DC, Granted as to ED of Virginia

Posted on December 15, 2009
Digital-Vending v. Univ. of Phoenix, 2:08cv91 Judge: Chad Everingham Holding: Motion to Transfer Venue GRANTED Judge Everingham denied the defendants' motion to transfer to the District of Columbia as moot because he granted the alternative motion to transfer to a...

Motion to Transfer to Austin Denied

Posted on December 15, 2009
Versata v. Internet Brands, et al., 2:08cv313 (E.D. Tex. Sept. 30, 2009) Judge: Chad Everingham Holding: Motion to Transfer Venue DENIED Judge Everingham denied a motion to dismiss for lack of personal jurisdiction, improper venue and to transfer for inconvenient...

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