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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 Verdict in Lufkin Patent Case; Noninfringement and Claims Invalid

Posted on October 27, 2008
On October 7, a Lufkin jury in Judge Clark's court rendered a defense verdict in the Candela Corp. v. Polmar Medical Technologies case, 9:06cv277. The jury found their neither accused product accused any of the asserted claims. Wait - the...

Oops!: Mistakenly-Filed Documents Sealed, Not Removed from Clerk's File

Posted on October 27, 2008
Motorola, Inc. v. Analog Devices, Inc., 2003 WL 25778434(E.D.Tex. Jun 06, 2003) (NO. 1:03-CV-131)Judge: Ron ClarkHolding: Joint Stipulation Regarding Removal of Documents from District Clerk's File GRANTED in part.Ever had one of those days? One of the parties in this...

"All The News That's Fit to Blawg" - Panel at CAILAW 45th Annual Conference on Intellectual Property Law

Posted on October 27, 2008
The Center for American and International Law is holding its 46th Annual Conference on Intellectual Property Law (CAILAW) at its headquarters in Plano on November 10-11, 2008. More information can be obtained at the seminar's website. The two-day seminar provides...

"Art at Work": October/November 2008 featured artist Sally Martin

Posted on October 27, 2008
Unfortunately I'm a month late posting on it, but last month our office got its customary change of decor, this time to paintings by local artist Sally Martin. sally specializes in paintings about Caddo Lake. You can find out more...

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New Magistrate Judge Position in Sherman

Posted on October 24, 2008
Looking for work due to the credit market crisis? Spouse getting tired of you issuing reports and recommendations about the housework? The phrase de novo make you all tingly?Well, the Judicial Conference of the United States has authorized the appointment...

Back from vacation

Posted on October 22, 2008
Just got back in the office this morning from an extended vacation - thanks for the numerous e-mails from readers wondering if something was wrong! Will have posts up on some recent verdicts, interesting opinions, and the Fifth Circuit's opinion...

Inequitable conduct defense rejected in Rembrandt case

Posted on September 29, 2008
Rembrandt v. CIBA, 2:05cv491 (CE) (Sept. 26, 2008)Judge: Chad EveringhamHolding: Inequitable conduct defense rejectedThe jury in Judge Everingham's court in Marshall returned a verdict in this case for the plaintiff earlier this year. After sending out five notes, the jury...

CSIRO v. Buffalo infringement holding vacated for reconsideration in light of KSR; Federal Circuit Mum on Whether Grant of Injunction Appropriate

Posted on September 26, 2008
CSIRO v. Buffalo Technology, Inc., No. 2007-1449 (Federal Circuit, Sept. 19, 2007)In the fall of 2006, Judge Leonard Davis resolved this case on cross-motions for summary judgment (at the parties' request in lieu of a trial), finding for the plaintiff...

Drivers' Privacy Protection Act (DPPA) Class Action Dismissed

Posted on September 24, 2008
Note: This guest post is by Karl Neudorfer of Seyfarth Shaw, LLP, who was my cocounsel representing one of the defendants in the Taylor v. Acxiom case discussed below. The outcome of the case made him precisely as happy as...

I am happy to report that my partner

Posted on September 23, 2008
I am happy to report that my partner Clyde Siebman and I have been recognized in the 2008 edition of Texas Super Lawyers. The complete profile of our firm from the publication can be downloaded here. Download TXSL08_Siebman.pdf (No comment...

Good Service Down Under

Posted on September 23, 2008
Retractable Technologies, Inc. v. Occupational & Medical Innovations, Ltd., --- F.Supp.2d ----, 2008 WL 4287579(E.D.Tex. Sep 11, 2008) (NO. 6:08CV120)Judge: Leonard DavisHolding: Defendant?s Motion to Dismiss under Federal Rule of Civil Procedure 12(b)(5) DENIEDThis was a dispute over the sufficiency...

Summary Judgment of Noninfringement Granted in Part

Posted on September 22, 2008
Renhcol Inc. v. Don Best Sports, 548 F.Supp.2d 356 (E.D.Tex. Apr 28, 2008) (NO. 2:06-CV-318) Judge: Leonard DavisHolding: Motion for Summary Judgment of Noninfringement GRANTED in partThe patentee brought this action against foreign website operators, alleging infringement of its patent...

P.R. 3-1(c) and the requirement of separate claim charts

Posted on September 22, 2008
Juxtacomm Technologies, Inc. v. Ascential Software Corp, 548 F.Supp.2d 379 (E.D.Tex. May 02, 2008) (NO. 2:07CV359) Judge: Leonard DavisHolding: Motion for Partial Judgment on the Pleadings DENIEDOne of the defendants in this patent case sought partial judgment on the pleadings...

"Blatant disregard" of the local rules of meeting and conferring

Posted on September 19, 2008
Think maybe you ought to read the new local rules on meeting and conferring? Today Judge Ward issued this order denying a motion to compel. It read (in its entirety):Before the court is Defendant?s Motion to Compel (Dkt. No. 22)....

2008 Bench/Bar cancelled

Posted on September 18, 2008
Due to the continuing problems as a result of Hurricane Ike, it's my understanding that the 2008 Bench/Bar has been cancelled. In other hurricane-related news, Judge Crone has joined Judge Clark in temporarily relocating her chambers, in her case to....

Motion for Stay Pending Reexamination Granted

Posted on September 18, 2008
Microlinc, LLC v. Intel, 2:07cv488 (E.D. Tex. 9/16/08)Judge: T. John WardHolding: Motion for Stay Pending Reexamination GRANTED"This case presents an exceptional set of circumstances warranting stay," Judge Ward wrote, adding that "[t]his is not the typical case where a defendant...

Hurricane Ike - Eastern District Developments

Posted on September 17, 2008
As reflected in General Order 08-11, the Beaumont courthouse has been closed pending further order due to the weather and power outage-related effects of the Hurricane Ike. As was the case three years ago, some of the Beaumont judges are...

Field of Dreams

Posted on September 17, 2008
Yeah, this is off-topic - so sue me. Last night a Smith (one of my Smiths anyway) returned to the gridiron in Marshall for the first time in 33 years, when my nine year old Grayson had his first practice...

Patent Jury Instructions Handbook

Posted on September 17, 2008
Many weblog readers also follow the Patent Happenings monthly case digest put out by Robert Matthews of Latimer, Mayberry & Matthews IP Law, LLP, whjo also edits West's Annotated Patent Digest (shown). I just learned that his Patent Jury Instructions...

Defense verdict in Marshall patent case

Posted on September 12, 2008
I'm out of the office at the moment and will add details later, but a Marshall jury in Judge Everingham's court yesterday returned a defense verdict in Cooper Technologies v. Thomas & Betts Corp., 2:06cv242, finding one patent infringed but...

Busy day in the Marshall courthouse

Posted on September 11, 2008
The taxpayers are certainly getting their money's worth out of the Marshall courthouse today. I was over for a discovery hearing and got shushed going down the hall because Judge Ward was beginning evidence in a patent jury trial upstairs...

PATracer looks at filing under seal in ED Texas

Posted on September 11, 2008
Patent Appeal Tracer is running a series of posts on the issue of filings under seal, and recently published a comment I did on some of the background for such filings in the Eastern District. Their post raises some good...

Summary Judgment Rulings in "Petty Squabbles" Case

Posted on September 10, 2008
Candela v. Palomar Medical Technologies, Inc., 9:06cv277 (E.D. Tex. 2008)Judge: Ron ClarkHolding: Motions for Summary Judgment DENIED (mostly)Judge Clark's trial management order I posted on separately was accompanied by rulings on three pending summary judgment motions...

"Petty Squabbles and Disputes" in Lufkin

Posted on September 10, 2008
Candela v. Palomar Medical Technologies, Inc., 9:06cv277 (E.D. Tex. 2008)Judge: Ron ClarkHolding: Rebuttal Report & Trial Exhibit & Witness List Motions DISMISSEDI try and I try not to post on unpublished orders from the Eastern District judges except on rare...

Iovate v. BSN nears trial

Posted on September 03, 2008
Iovate v. BSN, 9:07-CV-46 (E.D. Tex. 1/31/08)Judge: Ron ClarkHolding: Various Pretrial RulingsI have been following this case on nutritional supplements all year for some reason, despite the fact that Judge Clark granted my client's motion to dismiss for improper venue...

Medtronic Verdict Against Boston Scientific Cut Again - this time to $19 million

Posted on September 03, 2008
Medtronic v. Boston Scientific Corp., 2:06cv078-TJW (E.D. Tex. August 29, 2008)Judge: T. John WardHolding: (Another) Damages Award ReductionAbout six weeks ago Judge Ward has granted part of Boston Scientific's motion for JMOL on the damages in this patent case...

More "Art at Work" - Andy Tindel's office gallery in Tyler

Posted on August 29, 2008
I was recently taken to task by my friend Andy Tindel over at Provost Umphrey in Tyler for claiming I was high society for having a dozen pieces of original art (not including that by my kids) on display. He...

Twombly and Patent Pleadings in the Eastern District of Texas

Posted on August 29, 2008
FotoMedia Technologies, LLC v. AOL, LLC. et al, 2:07-cv-255 (E.D. Tex. Aug. 29, 2008)Judge: Chad EveringhamHolding: Report and Recommendation that Motion to Dismiss / for More Definite Statement Be DENIEDOne of the more intriguing questions in federal litigation in the...

Claims construction not changed in subsequent case

Posted on August 28, 2008
LaserDynamics, Inc. v. Asus Computer Intern., 2008 WL 3914095(E.D.Tex. Aug 18, 2008) Judge: Chad EveringhamHolding: Motion to Modify Claim Construction ruling DENIED pretty much. The parties in this case asked Judge Everingham to modify certain of the claim construction rulings...

Texas Bar Journal editorial board

Posted on August 28, 2008
SBOT President Harper Estes appointed me to one other thing this year, and that was to return me to the editorial board of the Texas Bar Journal, this time as vice chair. I was originally appointed to a three year...

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