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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

Another Order Limiting Redaction of Trial Transcript

Posted on November 08, 2010
IP Innovation v. Red Hat, 2:07cv447 (9/21/10) Judge: Randall Rader Holding: Motion for Redactions to Trial Transcript DENIED Last week I posted on Judge Davis' order noting that redactions of trial transcripts were to be for personal identifiers, and should...

Motion to Transfer Venue Granted: Factors Favored Transfer & Plaintiff's Location "Recent, Ephemeral"

Posted on November 08, 2010
Affinity Labs of Texas, LLC v. Nike, Inc. et al., 2:10cv054 (TXED November 4, 2010) Judge: Chad Everingham Holding: Motion to Transfer Venue GRANTED Instantly rendering my recent venue paper incomplete is Judge Everingham's opinion last week granting a motion...

48th Annual IP Law Conference - November 8-9, 2010

Posted on November 08, 2010
The third IP seminar a lot of Texas practitioners attend in the fall is the annual IP law conference at the Center for American and International Law in Plano, Texas. The CAIL is a non-profit educational organization which since 1947...

15th Annual Advanced Patent Law Institute - Oct. 28-29, 2010

Posted on November 08, 2010
The week after the Eastern District bench bar is the Annual Advanced Patent Law Institute in Austin put on by UTCLE. I drove down Thursday after attending a Markman hearing in Judge Davis' court in Tyler and gave a presentation...

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14th Annual Eastern District of Texas Bench Bar Conference

Posted on November 08, 2010
The Eastern District had its 14th annual bench/bar conference in Plano on October 20-22, 2010. The actual seminar events started the morning of October 21 with introductions by ED bar president Larry Phillips, conference chair Clyde Siebman, and Chief Judge...

Litigation Section of the State Bar of Texas - Facebook page

Posted on November 05, 2010
As readers know, the State Bar of Texas' Litigation Section puts out a lot of information that is of interest (and use) to lawyers who practice in the field of litigation in Texas. This week the executive committee of the...

Have You Told Your Court Reporter Lately That You Love Her?

Posted on November 03, 2010
Mirror Worlds, LLC v. Apple, Inc., 6:08cv88 (E.D. Tex. Nov. 3, 2010) Judge: Leonard Davis Holding: Now look, y'all... Shortly after its recent loss before a Tyler jury in Judge Davis' court, Apple's counsel filed a notice of intent to...

Plaintiff's Verdict in Lufkin Patent Case

Posted on November 02, 2010
Last Thursday a Lufkin jury in Judge Ron Clark's court renturned a verdict in the Affinity Labs case against Hyundai, Volkswagen & Kia, 9:08cv164. The sixteen page jury verdict started with findings of direct, induced and contributory infringement on five...

Motion to Dismiss Inequitable Conduct Defense for Failure to Satisfy FRCP 9 Denied

Posted on October 27, 2010
Mediostream, Inc. v. Microsoft, et al., 2:08cv369 (Oct. 27, 2010) Judge: Chad Everingham Holding: Motion to Dismiss Defendants' Inequitable Conduct Defense DENIED Plaintiff sought to dismiss all Defendants? inequitable conduct affirmative defenses and counterclaims under Rule 12(f) and Rule 12(b)(6),...

Marshall's first "Red Mass"

Posted on October 20, 2010
As Catholics (some, anyway) know, a Red Mass is a Mass celebrated annually for judges, lawyers, law students and governmental officials. According to the font of all truth and wisdom (yes, Wikipedia), the Mass "requests guidance from the Holy Spirit....

Motion for Leave to Amend Infringement Contentions Granted; Motions to Compel Granted in Part

Posted on October 20, 2010
MedioStream, Inc. v. Microsoft Corporation, et. al., 2:08cv00369 (Oct. 18, 2010) Judge: Chad Everingham Holding: Motions for Leave to Amend Infringement Contentions GRANTED; Motions to Compel GRANTED in part This order addresses pending motions by the plaintiff to amend its...

Motion to Compel Due Diligence Report Denied In Light of Nondisclosure Agreement

Posted on October 20, 2010
WI-Lan, Inc. v. Acer, Inc. et al., 2:07cv473 (October 18, 2010) Judge: T. John Ward Holding: Motion to Compel DENIED Defendants moved for the production of a report written by Dr. Peter Driessen and other documents disclosed to Broadcom?s attorneys...

Motion to Compel Pre-suit Investigation Documents and for Sanctions - Granted As to Logging / Denied as to Waiver

Posted on October 19, 2010
EON Corp. IP Holdings v. Veriuzon Clinto Center Drive Corp., 6:08cv385 (10/15/10) Judge: John Love Holding: Defendant's Motion to Compel Pre-suit Investigation Documents and for Sanctions GRANTED in part. One of my great regrets recently - which tells you precisely...

Venue Roundup #4 - On Semi v. Hynix - case transferred to California

Posted on October 19, 2010
On Semiconductor v. Hynix Semiconductor, 6:09cv390 (9/30/10) Judge: Leonard Davis Holding: Motion to Transfer Venue GRANTED Plaintiffs asserted five patents against four groups of defendants. The Court noted that with one exception the defendants were corporate families with their main...

Venue Roundup #3 - Eolas v. Adobe - motion to transfer to California denied

Posted on October 18, 2010
Eolas v. Adobe, 6:09cv446 (9/28/10) Judge: Leonard Davis Holding: Motion to Transfer Venue DENIED Meanwhile, back in Tyler, Defendant Adobe is seeking a transfer to, uh, let me check ... yes, California as well. The party lineup includes some 23...

Venue Roundup #2 - TiVo v. AT&T - motion to transfer to California denied

Posted on October 18, 2010
TiVo v. AT&T, 2:09cv259 (9/17/10) Judge: David Folsom Holding: Motion to Transfer Venue DENIED Next up is the motion by Microsoft and AT&T in this case to sever and stay the claims against them and transfer them to California (leaving...

Venue Roundup #1 - HTI IP v. Xirgo - case transferred to California

Posted on October 18, 2010
HTI IP v. Xirgo, 6:09cv370 (8/4/10) Judge: Leonard Davis Holding Motion to Transfer Venue GRANTED In recent months I have been busy both with trial on the one hand, and with getting our new offices downtown up and running, and...

Marshall's "backup" courtroom

Posted on October 08, 2010
I've posted previously on the conclusion of the renovations to Marshall's 1901 county courthouse, including the old district court courtroom. That courtroom is used now primarily as the meeting room for the Harrison County commissioners' court, as well as for...

CASA of Harrison County Black Gold Benefit

Posted on October 07, 2010
One of our favorite - and most deserving - local charities here at the law office formerly known as the Hub is Court Appointed Special Avocates (CASA) of Harrison County, which trains volunteers to serve as advocates for abused and...

New SBPS Offices in Marshall - Hub sign gets a new paint job

Posted on October 05, 2010
We are not finished with our new offices in Marshall just yet, but we are getting there. The old wagon wheel hub (it's actually sheet metal and oversized for display purposes) that's been outside the historic Hub Shoe Store on...

Texas Bar Journal / The Advocate

Posted on October 05, 2010
I don't receive (or read when I do receive them) many publications in paper any more, but two I do are the Texas Bar Journal, which is the monthly magazine put out by the State Bar of Texas, and the...

Mirror, Mirror ... Mirror?

Posted on October 05, 2010
Friday a Tyler jury in Judge Leonard Davis' court rendered a verdict of willful infringement on three patents in plaintiff Mirror World's favor against defendant Apple (hence the photo from the TOS episode Mirror, Mirror instead of The Apple). The...

"Mesmerizing Marshall": Texas Coop Power article

Posted on September 30, 2010
For readers interested in what to do when in downtown Marshall between hearings at the local federal court, there is a nice feature on the community in this month's Texas Co-op Power located here. Not a word about the patent...

Datatreasury - order resolving postjudgment motions

Posted on September 29, 2010
There were five separate orders (that I made it through, anyway - I may have dropped one carrying the stack back to my office, metaphorically speaking) resolving the plethora of postjudgment motions in this case, which resulted in a plaintiff's...

Judge T. John Ward of Marshall announces retirement from bench effective Oct. 1, 2011

Posted on September 28, 2010
Texas Lawyer's John Council today reported that Marshall's federal judge T. John Ward has announced that instead of sending a notice to President Obama that he will be taking senior status next October, he will instead be retiring from the...

"Marshall Law!?" - Houston Magazine

Posted on September 28, 2010
I highly recommend Houston magazine's article in the September 2010 issue Marshall Law!? It's high noon in rural East Texas, unlikely home of the feds' high-tech, high-stakes 'rocket docket' by Adam Piore, with a memorable illustration (left) by Christina Ung...

14th Annual Eastern District of Texas Bench Bar Conference

Posted on September 25, 2010
Just a reminder that the Eastern District's annual bench/bar conference is approaching - click here for the brochure for the 14th Annual Eastern District Bench Bar Conference, which will be held October 20, 21 & 22, 2010 at the Marriott...

Defense verdict in Ameranth v. Menusoft

Posted on September 20, 2010
Some days you're receiving congratulations to your opposing counsel following a jury verdict, and some days you're on the extending side. This morning I was on the extending side after a Marshall jury in Judge Chad Everingham's court rendered a...

First trial in new SBPS offices in Marshall

Posted on September 18, 2010
I am way behind looking at recent ED cases after spending a week in trial before Judge Everingham here in Marshall (jury is still out) and will have to catch up next week. But it's our first trial since moving...

2010 Eastern District of Texas Bench Bar Conference

Posted on September 01, 2010
Attached is a brochure for the 14th Annual Eastern District Bench Bar Conference, which will be held October 20, 21 & 22, 2010 at the Plano Marriott Legacy Town Center, Plano, Texas. Download 2010BenchBarConference FINAL 9.1.10 602amYou can register today...

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