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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

Settlement Held Not a Basis for Vacatur of Inequitable Conduct Findings. Rinse. Repeat

Posted on February 20, 2009
Medtronic Vascular, Inc. v. Boston Scientific Corp., 2009 WL 383237(E.D.Tex. Feb 11, 2009) (NO. CIV.A. 2:06-CV-78).Avid Identification Systems, Inc. v. Philips Semiconductors Inc., 2009 WL 383232(E.D.Tex. Feb 11, 2009) (NO. 2:04-CV-183).Judge: T. John WardBack to twins again...

"Dispositive Motion Practice" paper - request for help

Posted on February 19, 2009
Need some help from readers.I have been asked to present a paper on dispositive motions at the upcoming State Bar of Texas Federal Court Practice seminar in Dallas on May 15, 2009. The topic is a routine one, but I...

Firm disqualified due to concurrent representation of opponent's affiliated entity

Posted on February 18, 2009
Honeywell Intern. Inc. v. Philips Lumileds Lighting Co., 2009 WL 256831(E.D.Tex. Jan 06, 2009) (NO. 2:07-CV-463-CE)Judge: Chad EveringhamJudge Everingham granted the defendant's motion to disqualify the Paul Hastings firm (PHJW) from representing the plaintiff in this case, due to the...

New Local Rule Amendments - effective March 6, 2009

Posted on February 17, 2009
On February 10, Chief Judge Folsom signed General Order 09-06 Download 09-6 with the 2008 amendments to the Eastern District's rules (the delay was due to Hurricane Ike, who resulted in the cancellation of last October's bench/bar, which is when...

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New Local Rule Amendments - effective March 6, 2009

Swinging at Experts in Sherman

Posted on February 12, 2009
Williams v. Toyota Motor Corp., 2009 WL 305139(E.D.Tex. Feb 06, 2009) (NO. 4:08-CV-487)Williams v. Toyota Motor Corp., 2009 WL 305183(E.D.Tex. Feb 06, 2009) (NO. 4:08-CV-487)These two opinions represent Judge Schell's rulings on the parties' respective motions to exclude certain of...

The Dog Ate My Summons (well, sort of)

Posted on February 12, 2009
Sipco, LLC v. Amazon.com, Inc. et al, (2-08-cv-00359)(Feb. 10, 2009)Judge: David FolsomHolding: Motion to Set Aside Default/Dismissal GRANTEDThe defendant had a default taken against it and sought to set it aside on the basis that water damage in its office...

How Not to Appeal a Markman Ruling

Posted on February 09, 2009
SciCo Tec GmbH v. Boston Scienific Corp., --- F.Supp.2d ----, 2009 WL 259742(E.D.Tex. Jan 30, 2009) (NO. CIV.A. 9:07-CV-76)Judge: Ron ClarkThis is a patent case (well, obviously - not a lot of Markman rulings outside of patent cases). Judge Giblin...

Motion for Summary Judgment on Standing Denied in Design Patent Case

Posted on February 09, 2009
Dexas Intern., Ltd. v. Office Max Inc., 2009 WL 252166(E.D.Tex. Jan 28, 2009) (NO. CIVA 6:07CV396)Judge: John LoveThis a design patent case in which the defendant claimed the plaintiff did not acquire all of the bundle of sticks from the...

Motion for Permanent Injunction Denied; "Preliminary" Ongoing Royalty Rate Set

Posted on February 06, 2009
Mass Engineered Design, Inc. v. Ergotron, Inc., 2:06cv00272 (E.D. Tex. February 4, 2009)Judge: Leonard DavisHolding: Request for a Permanent Injunction or Ongoing Royalties DENIEDJudge Davis denied Dell's motion for a permanent injunction and also rejected the notion of an annual...

Motion to Strike Patent Plaintiff's Declaratory Action Counterclaims Granted

Posted on February 03, 2009
Catalina Marketing Corporation v. LDM Group, LLC, (2-07-cv-00477) TXED Judge: T. John WardHolding: Motion to Strike Claims GRANTEDThe rest of the legal media is treating this case as the third is a trio of orders granting motions to transfer patent...

Plaintiff's Motion for Leave to Amend Infringement Contentions Granted

Posted on February 03, 2009
Arbitron, Inc. v. International Demographics Inc., 2009 WL 166555(E.D.Tex. Jan 16, 2009) (NO. 2:06-CV-434 (TJW))Judge: T. John WardHolding: Motion to Amend Infringement Contentions GRANTEDPlaintiff sought leave to amends its infringement contentions to add an allegation of an infringing offer for...

Motion to Transfer Venue Denied in Patent Case

Posted on February 03, 2009
Novartis Vaccines & Diagnostics v. Hoffman-La Roche, 2:07cv507 (E.D. Tex. Feb. 3, 2009)Judge: David FolsomHolding: Motion to Transfer Venue DENIED; Motion to Dismiss DENIEDWell if barbecue sauce isn't a factor in this venue analysis, it should have been...

Battle of the Blawgs on Texarkana Young Lawyers Association Newsletter

Posted on February 03, 2009
Morgan Vaughan of Texarkana's Haltom & Doan was nice enough to send me a copy of the Texarkana Young Lawyers Association's current newsletter Download February.Newsletter (a very well done publication, by the way) which contains at page 4 a listing...

Another "Regional" Patent Case Transferred

Posted on February 02, 2009
Friday was a busy day for transfer orders. In addition to the Odom v. Microsoft case, in which Judge Love transferred a case by an Oregon plaintiff against a Washington defendant with Oregon law issues to Oregon, Judge Folsom transferred...

Patent Hawk inventor's case transferred from Texas to Oregon, citing In re TS Tech

Posted on January 31, 2009
Odom v. Microsoft, 6:08cv331 (Jan. 30, 2009)Judge: John LoveHolding: Defendant's Motion to Transfer Venue GRANTEDIt took exactly one month for the first Eastern District venue opinion in a patent case reflecting the Federal Circuit's recent opinion in In re TS...

Beaumont jury finds patent not infringed and invalid

Posted on January 30, 2009
Beaumont magistrate judge Keith Giblin was late - very late - for the Eastern District judges' meeting yesterday afternoon, but with good reason. Judge Giblin just tried to a jury verdict his first patent case, with the jury returning a...

Motion to Transfer Denied in Products Case

Posted on January 30, 2009
Woods v. General Motors Corp., 2009 WL 185421(E.D.Tex. Jan 16, 2009) (NO. CIV.A. 2-08CV-122)Judge: T. John WardHolding: Motion to Transfer Venue DENIEDThis is a product liability case in which the plaintiff alleges her daughter died in a car wreck fire...

Product Liability Case Transferred

Posted on January 30, 2009
Simmons v. Ford Motor Co., 2009 WL 173850(E.D.Tex. Jan 05, 2009) (NO. CIV.A. 2:07-CV-098)Judge: David FolsomHolding: Motion to Transfer Venue GRANTEDSimmons v. Ford appears to be the first venue order in a product liability case from the Eastern District to...

Summary Judgment Granted on Misappropriation Claim

Posted on January 30, 2009
Mathworks, Inc. v. Comsol AB, 2008 WL 5544933(E.D.Tex. Oct 07, 2008) (NO. 6:06-CV-335)Judge: Leonard DavisHolding: This order memorializes Judge Davis' rulings from the pretrial conference. At that time he denied the defendant's motion for summary judgment as to MathWorks's copyright...

Another patent verdict from Lufkin

Posted on January 29, 2009
On January 21, the jury in Judge Ron Clark's court rendered a verdict in Hearing Components v. Shure, 9:07cv104. Yes on infringement, no on invalidity defenses, and damages of approximately $4.6 million.

How to Make Visiting Lawyers Happy - part 1: Desktop Power Outlets

Posted on January 27, 2009
In our continuing attempt to make life easier for the out of town lawyers visiting our office while in town for hearings or depositions, we recently replaced all the desktop lamps in our visiting lawyer offices with new hotel-style lamps...

Judgment Entered in Medtronic v. Boston Scientific

Posted on January 27, 2009
On January 23, 2009, Judge T. John Ward entered a final judgment in this case. It's been a long road for the case since trial, when the plaintiff obtained a jury verdict for $250 million. Since then the verdict has...

Justice Amos Mazzant named new Eastern District magistrate judge

Posted on January 27, 2009
The district judges of the Eastern District on January 9 appointed Justice Amos Mazzant (to the right in this picture from the Baylor Law School reception at the State Bar convention last summer - no clue who the guy on...

Defendant Sanctioned for Failure to Comply With Discovery Obligations; No Fees to Plaintiff Due to Failure to Comply With Meet and Confer Rules

Posted on January 26, 2009
Laserdynamics, Inc. v. Asus Computer Int'l, 2009 WL 153161(E.D.Tex. Jan 21, 2009) (NO. 2:06-CV-348)Judge: Chad EveringhamHolding: Motions to Compel GRANTEDJudge Everingham noted that prior to the claim construction hearing in this case, the parties filed eight discovery motions...

Motion to Transfer Product Liability Case Denied

Posted on January 26, 2009
Espinosa v. Graco Children's Products, Inc., 2009 WL 137526(E.D.Tex. Jan 20, 2009) (NO. 2:07-CV-517)Judge: Chad EveringhamHolding: Motion to Transfer Venue DENIEDThis is a product liability case arising out of the alleged failure of a child seat. Plaintiffs are from Slidell,...

Law Office Management: Manage Your Life with Outlook For Dummies - Greg Harvey

Posted on January 24, 2009
No, this isn't a renegade book review post from my personal weblog Puttering in the Study. It's a review of how this very useful book on using Microsoft Outlook has helped me make my use of the program far more...

Objections to Submission of Future Royalty Rate to Jury

Posted on January 22, 2009
Cummins-Allison Corp. v. SBM Co., Ltd., 584 F.Supp.2d 916 (E.D.Tex. Nov 03, 2008) (NO. 9:07 CV 196)Judge: Ron ClarkHolding: Objections to Submission of Future Royalty Rate to Jury OVERRULEDAs readers know, Judge Clark recently started issuing orders indicating he would...

Law Office Management: Internet Faxing

Posted on January 20, 2009
One of the things I covered in my article on starting a new law office in the Texas Bar Journal was Internet faxing, i.e. getting your faxes via the Internet rather than a standalone fax machine. I stand by that...

Congratulations, Mr. President

Posted on January 20, 2009
Congratulations to President Obama and the incoming administration, and best wishes to the members of the outgoing Bush administration.

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