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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

"The court has never had counsel so recklessly disregard its orders before this trial" - Post-Trial Motions Denied in Saffran v. Boston Scientific

Posted on July 09, 2008
Saffran v. Boston Scientific Corp., 2:05cv657-TJW (E.D. Tex. July 9, 2008) Judge: T. John Ward Holdings: Motions for JMOL and New Trial DENIED This is a lengthy post, as it discusses three extraordinarily lengthy orders by Judge Ward in a...

Motion for Remittitur Denied in Anascape v. Nintendo

Posted on July 07, 2008
Anascape v. Nintendo, 9:06cv158 (E.D. Tex. June 26, 2008) Judge: Ron Clark Holding: Defendant's Motion for Remittitur or in the Alternative, A New Trial on Damages DENIED Plaintiff Anascape, Ltd. sought $50.3 million for infringement of a patent relating to...

Stay Pending Reexam Granted

Posted on July 07, 2008
Visto Corp. v. Research in Motion Ltd, et al, 2:06cv181 (E.D. Tex. July 2, 2008) Judge: Chad Everingham Holding: Defendant's Motion to Stay GRANTED conditionally Orders on motions to stay pending reexamination are of perennial interest locally, and this one...

"Starting a New Law Office: A Checklist" - Texas Bar Journal

Posted on July 05, 2008
My article "Starting a New Law Office: A Checklist" is the cover story and lead article in this month's Texas Bar Journal. TBJ lent me the artwork from the article to use in the slide show for the accompanying webcast...

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Capital habeas petitioner wins en banc hearing

Posted on June 30, 2008
Last month I noted that one of the lesser-publicized cases heard by the Fifth Circuit en banc last month was the habeas case brought by Texas death row inmate Eric Lynn Moore. Late last week, the Fifth Circuit sitting en...

"Top Down" with Judge Schell's '68 Mustang

Posted on June 30, 2008
Featured in the current issue of Texoma Living! is Judge Schell's 1968 Mustang convertible, given to him by his father when he was a freshman at SMU. Sweet car, your honor.

State Bar of Texas Annual Meeting - Houston - June 26-27, 2008

Posted on June 29, 2008
Last week Jamie and I took our oldest Grayson (9) to the State Bar of Texas Annual Meeting in Houston, It was my last meeting as a member of the State Bar board of directors representing the 25 Northeast Texas...

Monster not Trippe'd - Motion to Transfer Venue Denied

Posted on June 23, 2008
Monster Cable Products, Inc. v. Trippe Manufacturing Co., (9-07-cv-00286) (June 18, 2008) Judge: Ron Clark Holding: Motion to Transfer Venue DENIED There are four things about this opinion that readers might find interesting: First, readers may recall that the poster...

Summary Judgment of Noninfringement Mostly Granted

Posted on June 23, 2008
DeepNines, Inc v. McAfee, Inc (9-06-cv-00174) (6/18/08) Judge: Ron Clark Holding: Defendant's Motion for Summary Judgment GRANTED in part. Judge Clark granted the defendant's post-Markman ruling motion for summary judgment of noninfringement with respect to three of the four products...

Motion to Compel Discovery Regarding Plaintiff's Patent Licensing Practices Granted In Part

Posted on June 23, 2008
MOSAID Technologies Inc. v. Micron Technology, Inc. et al (2:06-cv-00302) (6/18/08) Judge: David Folsom Holding: Motion to Compel Response to Discovery Regarding Plaintiff's Licensing Practices GRANTED in part. Plaintiff MOSAID was a member of an industry standard setting group, which...

Be Careful What You Wish For - Joint Motion to Exceed Page Limits for Claim Construction Briefing Denied, But Claims and Terms Limited (So You Don't Really Need It Now)

Posted on June 20, 2008
Hearing Components, Inc v. Shure, Inc (9-07-cv-00104) TXED Judge: Ron Clark Holding: Stipulated/Agreed Motion for Leave to Exceed the Page Limits for Claim Construction Briefs DENIED The late great Sam Kinison had a routine in which he said that the....

Postverdict rulings in Grantley v. Clear Channel - 25% enhancement but no fees - judgment entered

Posted on June 19, 2008
The Lufkin jury in Judge Clark's court in Grantley Patent Holdings, Ltd. v. Clear Channel Communications, Inc., (NO. CIV.A. 9:06CV259) returned a verdict in plaintiff's favor last month in the amount of $66,029,750. Yes on infringement, yes on willful, and...

Shapes and logos

Posted on June 18, 2008
The patent docket in Marshall seems to be starting to affect the curriculum in local schools. For example, the attached photo from my twins' graduation from pre-K last month shows them doing a song about recognizing law firms by the...

Beaumont jury verdict in patent case

Posted on June 17, 2008
Another Eastern District jury returned a verdict in a patent case last week, this time in the Pressure Products Medical Supplies v. Quan Emerteq Corp. case, 2:09cv121. The Beaumont jury in Judge Clark's court (passing on a Lufkin case tried...

Door County, Wisconsin Intellectual Property Academy

Posted on June 17, 2008
I am fortunate, fortunate, fortunate, to have been invited to speak at some places outside of Texas this summer, including at the Third Annual Door County (Wisconsin) Intellectual Property Academy on July 24-25 at Stone Harbor Resort in Sturgeon Bay,...

Starting a New Law Office: Ethical Concerns and Practical Pointers - TexasBarCLE webcast

Posted on June 17, 2008
I will be moderating an upcoming TexasBarCLE webcast next month Starting a New Law Office: Ethical Concerns and Practical Pointers. The seminar is live via webcast on Wednesday, July 2nd, 2008 from 10:00 a.m. to 11:30 a.m. CST. The webcast...

Motion for Leave to Amend Invalidity Contentions Denied

Posted on June 11, 2008
The order isn't reported yet, but I thought I'd post on Judge Clark's recent opinion (June 9, 2008) denying the defendant's motion for leave to amend its invalidity contentions in the Iovate v. BSN litigation pending in Lufkin, as such...

Motion for FRCP 35 Mental Examination and Motion to Compel Production of Records Denied

Posted on June 11, 2008
Jackson v. U.S. Kids Golf, LLC, 2008 WL 2078777(E.D.Tex. May 15, 2008) (NO. 4:06CV237) Judge: Don Bush Holding: Motion for FRCP 35 Mental Examination and Motion to Compel Production of Records DENIED Defendant asked the Court to order a mental...

Claims construction opinion

Posted on June 11, 2008
Agere Systems, Inc. v. Sony Corp., 2008 WL 2078308(E.D.Tex. May 15, 2008) (NO. 2:06-CV-079) Judge: Chad Everingham Holding: Claims construction opinion

Hard to believe it's not Denny Crane...

Posted on June 11, 2008
It's official - having former AG Alberto Gonzalez getting appointed as an assistant to a special master in an Eastern District of Texas patent case lasted as the weirdest thing in the world of federal courts for only a day...

Paralegal fees, dumb laws and good German potato salad

Posted on June 11, 2008
Just received the June 2008 issue of the Northeast Texas Association of Paralegals' Key Note and saw some information I thought might be of interest to readers. Key Note had - two days before the national press had it, incidentally,...

Claims construction opinion

Posted on June 11, 2008
Bridgelux, Inc. v. Cree, Inc., 2008 WL 2325623(E.D.Tex. Jun 03, 2008) (NO. CIV.A. 9:06-CV-240) Judge: Keith Giblin Holding: Claims construction opinion

Ream of Paper #4 Opened

Posted on June 10, 2008
One of the things I've told people about my new office is that with a practice heavily weighted towards federal court, where all filings are electronic, we've dispensed with paper files almost completely. Of course we have CDs of document...

New Patent Case Filings Statistics

Posted on June 10, 2008
Gluttons for punishment, Kyle and Josh over at PA Tracer have started tracking patent case filings. (Hey, with the Cisco Kid on vacation somebody's got to do it). Today they posted on the case filings from May here with some...

Defendant's Motion for JMOL on Obviousness Denied

Posted on June 09, 2008
Power-One, Inc. v. Artesyn Technologies, Inc., --- F.Supp.2d ----, 2008 WL 1746634(E.D.Tex. Apr 11, 2008) (NO. CIV. A. 2:05-CV-463) Judge: John Love Holding: Defendant's Renewed Motion for a Judgment as a Matter of Law and Alternative Motion for New Trial...

Summary Judgment Granted in part in pizza case

Posted on June 09, 2008
Great American Restaurant Co. v. Domino's Pizza LLC, 2008 WL 2277828(E.D.Tex. May 29, 2008) (NO. 4:07-CV-52) Judge: Richard Schell Holding: Defendant's Motion for Summary Judgment GRANTED in part. Judge Schell adopted the findings and conclusions of Judge Bush in this...

From torture memos and firing U.S. attorneys to ... Eastern District of Texas patent litigation?

Posted on June 09, 2008
Just when you thought neither the DataTreasury case nor patent litigation in the Eastern District could get any weirder, along comes news that former U.S. Attorney General and White House Counsel (and former Texas Supreme Court justice) Alberto Gonzalez has...

Time Limits at Trial - 2008 Fifth Circuit cases

Posted on June 06, 2008
One of my favorite research sources is Fifth Circuit Federal News, edited by Robert McKnight and Maureen Blackburn Jennings which in addition to monthly publications on cases and issues of interest to practitioners in the Fifth Circuit also provides a...

Ex Parte Reexamination Statistics

Posted on June 06, 2008
Patently-O has a good post on ex parte reexamination statistics, pointing out a few salient facts. First, such requests are granted over 95% of the time, indicating that the requirement that the reexamination request must present a ?substantial new question...

Summary Judgment of Noninfringement Granted

Posted on June 05, 2008
Ring Plus v. Cingular Wireless LLC, et al, 5:08cv42 (Document #280) (June 4, 2008) Judge: David Folsom Holding: Summary Judgment of Noninfringement GRANTED This is a patent case involving telecommunications. Defendants moved for summary judgment of noninfringement on two bases,...

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