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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

Motion for Partial Summary Judgment on Indefiniteness Granted; Motion to Strike Expert Declaration Denied (but with a caveat)

Posted on August 28, 2009
Michael S. Sutton Ltd. v. Nokia Corp., --- F.Supp.2d ----, 2009 WL 2460994 (E.D.Tex. Aug 10, 2009) (NO. 6:07CV203) Judge: Leonard Davis Holding: Defendant's Motion for Partial Summary Judgment on the issues of indefiniteness, enablement, and utility GRANTED; Motion to...

Plaintiff Lacks Standing to Pursue Claims Absent Joinder of Owner

Posted on August 28, 2009
US Foam, Inc. v. On Site Gas Systems, Inc., 2009 WL 2605280(E.D.Tex. Aug 21, 2009) (NO. 2:07-CV-466-TJW, 6:08-CV-31-LED) Judge: T. John Ward Holding: Motion to Dismiss for Lack of Standing DENIED What's a patent case without a motion to dismiss...

Patent verdict in Versata v. SAP

Posted on August 26, 2009
The Marshall jury in Judge Everingham's court rendered a verdict in the Versata v. SAP, 2:07cv153 case this afternoon. The jury found all six submitted claims infringed, inducement and contributory infringement of one claim, found that the defendant has failed...

Summary Judgment Granted by N.D. Cal. in PartsRiver v. Shopzilla

Posted on August 25, 2009
PartsRiver, Inc. v. Shopzilla, Inc. et al (4-09-cv-00811) (N.D. Cal. August 21, 2009) Judge: Claudia Wilken (N.D. Cal.) Holding: Motion for Summary Judgment on Invalidity GRANTED Readers may recall that PartsRiver was one of the first cases transferred out of...

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Summary Judgment Ruling Published in Abbott v. Centocor

Posted on August 25, 2009
Centocor Ortho Biotech, Inc. v. Abbott Laboratories, --- F.Supp.2d ----, 2009 WL 1473431(E.D.Tex. May 27, 2009) (NO. 2:07-CV-139) Judge: T. John Ward Holding: Summary Judgment as to priority date GRANTED; summary judgment as to anticipation defense DENIED One of the...

Claims construction resulting in dismissal affirmed on appeal

Posted on August 24, 2009
RFID Tracker Ltd. v. Wal-Mart Stores Inc., (NO. 6:06 CV 363) Judge: Leonard Davis Holding: Claims construction ruling affirmed. Blog readers may recall that last February Judge Davis entered a claims construction order in this case, which can be found...

Eastern District Bench/Bar Conference Details Announced

Posted on August 20, 2009
The brochure just came out for the 13th Annual Eastern District of Texas Bench/Bar Conference, which will be held October 15 and 16 at the Westin Stonebriar Resport in Frisco, Texas (reputed to be less susceptible to hurricanes than Galveston)....

Motion to Dismiss for Failure to Exhaust Administrative Remedies Granted

Posted on August 18, 2009
Russell v. Good Shepherd Medical Center, 2009 WL 2487108(E.D.Tex. Aug 12, 2009) (NO. CIV.A. 2-08-CV-206) Judge: T. John Ward Holding: Defendant's Motion to Dismiss GRANTED This is an employment case against a local hospital alleging sex and gender discrimination as...

Court declines to find inequitable conduct in Laserdynamics v. Asus

Posted on August 17, 2009
The jury in LaserDynamics v. Asus Computer International, 2:06cv348 found for the plaintiff back on July 6 in Judge Ward's court in Marshall. Specifically, it found that the defendant contributed or induced infringement of one claim of the patent, that...

Motion for Summary Judgment of Indefiniteness Denied

Posted on August 14, 2009
IP Innovation, LLC v. Red Hat, Inc., 2009 WL 2460982(E.D.Tex. Aug 10, 2009) (NO. 2:07CV447) Judge Davis. Holding: Motion for Summary Judgment of Indefiniteness DENIED This is a Markman ruling by Judge Davis which also resolves a motion seeking summary...

Postverdict motions resolved in i4i v. Microsoft

Posted on August 14, 2009
i4i Ltd. Partnership v. Microsoft Corp., 2009 WL 2449024(E.D.Tex. Aug 11, 2009) (NO. 6:07CV113) Judge: Leonard Davis This is the case in which a Tyler jury rendered a verdict against Microsoft of $200,000 in May of this year. In this...

Federal Circuit affirms in part and reverses in part Blackboard v. Desire2Learn rulings

Posted on July 31, 2009
Back in February of 2008 the jury in the Blackboard Inc. v. Desire2Learn Inc. case, 9:06cv155 in Lufkin in Judge Clark's court found for the plaintiff on infringement and found that the defendant had not shown by clear and convincing...

Christmas in July at Marshall patent cases status conference - trial settings under two years

Posted on July 28, 2009
Well, I don't know that we've been good enough to deserve it this year thus far, but we sure got some presents this morning at the bimonthly patent case status conference (essentially case management conferences for new filings) in Marshall....

JMOL motions filed in Centocor v. Abbott

Posted on July 28, 2009
Yesterday defendant Abbott opened the postverdict briefing in this case with a salvo worthy of a case with a $1.6 billion dollar jury verdict - five motions for judgment as a matter of law pursuant to FRCP 50. They are...

Ring Plus "Cycle" Ends With Finding of Unenforceability

Posted on July 27, 2009
Ring Plus, Inc. v. Cingular Wireless LLC, --- F.Supp.2d ----, 2009 WL 2184541(E.D.Tex. Jul 17, 2009) (NO. 5:08-CV-42-DF) Judge: Folsom Holding: Patent unenforceable due to inequitable conduct. Yep, she's singing. Judge Folsom conducted a hearing on the defendant's claims that...

"I Have Good Cause, But It's A Secret" - Motion for Leave to Amend PICs Denied

Posted on July 23, 2009
Hill v. Abercrombie & Fitch, 2:07cv234 (Ed. Tex. April 17, 2009) Judge: David Folsom Holding: Motion for Leave to Amend PICs Denied Plaintiff sought leave to amend its infringement contentions to add a website operated by Microsoft, which has intervened...

Plaintiff's Motion to Strike Defendant's Designation of Responsible Third Parties Denied

Posted on July 23, 2009
Flanagan v. Wells Fargo Financial Nat. Bank, 2009 WL 2143439, E.D.Tex. July 14, 2009) Judge: Amos Mazzant Holding: Plaintiff's Objection to and Motion to Strike Defendant's Designation of Responsible Third Parties DENIED Judge Schneider adopted Judge Mazzant's ruling in this...

Order on Motion in Limine in I/O v. Sercel

Posted on July 23, 2009
Input/Output, Inc. et al v. Sercel, Inc., (5-06-cv-00236) (July 22, 2009) Judge: David Folsom Holding: Motions in Limine Granted in Part Orders on motions in limine are always difficult for lawyers not in the case to fully comprehend (and sometimes...

"Error, error, shalt thou pursue... "; New Trial Denied & Bill of Costs Denied in Part in West v. Perry

Posted on July 23, 2009
It was big news locally when Tyler Perry (best known of course for playing the Starfleet Academy commandant in Star Trek) prevailed in the copyright infringement case brought against him in Marshall recently over the authorship of his movie Diary...

O2 Micro v. BiTEK Update - Court declares mistrial, sets new jury selection and enters sanctions

Posted on July 21, 2009
Back on July 10 Judge Everingham issued his sanctions order in O2 Micro Int?l Ltd. v. Beyond Innovation Tech. Co. and invited briefing. Some fo that briefing was public and some was not, so it's unclear what exactly the parties'...

Motion re: Infringement Contentions Granted in Part

Posted on July 21, 2009
Linex Technologies, Inc. v. Belkin Intern., Inc., --- F.Supp.2d ----, 2008 WL 4372708(E.D.Tex. Sep 19, 2008) (NO. CIV.A. 2:07CV222) Judge: John Love Holding: Motion to Strike PICs/Motion to Compel Amended PICs Granted in Part One of the recurring issues in...

O2 Micro v. BiTEK - sanctions update

Posted on July 13, 2009
Judge Everingham's Friday order solicited any response by BiTEK regarding the sanctions imposed in the order, and this afternoon, BiTEK filed one, accompanied by a declaration and a letter to the Court from Mr. van Loben Sels. In the supplemental...

How Not to Follow an Order Granting a Motion in Limine - Counsel Gets 48 Hour Jail Sentence

Posted on July 12, 2009
This is my new all-time favorite Eastern District case - because it illustrates something I tell people all the time, which is that the judges really do expect the parties to play by the rules, and attorneys or litigants who...

Hearing Set On Inequitable Conduct Claims in Centocor v. Abbott

Posted on July 07, 2009
Following quickly on the heels of the jury's concluding their work in the case, Judge Ward has set a hearing on the nonjury isue of inequitable conduct in the Centocor v. Abbott litigation. The hearing is set for 9 AM...

Another patent verdict - LaserDynamics v. Asus

Posted on July 06, 2009
What is it about jury notes this month? The jury in LaserDynamics v. Asus Computer International, 2:06cv348 sent out four before rendering a verdict this afternoon. The Marshall jury in Judge Ward's court found that the defendant contributed or induced...

"Honeywell Loses Texas 'Trolling Try'" Article

Posted on June 30, 2009
Joe Mullin has a good story this week Honeywell Loses Texas "Trolling Try" on the outcome of Honeywell's licensing arm's litigation against eight LCD panel manufacturers in the Eastern District (specifically Judge Davis and Love's court in Tyler). According to...

Multitasking in a patent case

Posted on June 29, 2009
Interesting order today in the LaserDynamics v. Quanta case getting ready to start trial in Judge Ward's court that may say something about bench briefs, or at least the division of labor at trial in patent cases. The court entered...

Jury verdict in Centocor v. Abbott

Posted on June 29, 2009
A Marshall jury in Judge Ward's court rendered a verdict in favor of the plaintiff Centocor today. The jury sent out five notes before finding that the defendant infringed all four of the asserted claims. The jury found that Abbott...

"Fallout From In re TS Tech: Venue Disputes in Texas" - presentation at 2009 State Bar of Texas Annual Meeting

Posted on June 26, 2009
If you were attending the State Bar of Texas' annual meeting in Dallas today, at 9 this morning you could have heard me speaking on the state of patent venue law post-In re TS Tech, or you could have heard...

Motion to Transfer Venue from Sherman to California Denied

Posted on June 22, 2009
Worldpak Intern., LLC v. Diablo Valley Packaging, Inc., 2009 WL 1708080(E.D.Tex. Jun 16, 2009) (NO. 4:08CV469) Judge: Michael Schneider/Amos Mazzant Holding: Motion to Transfer Venue DENIED This is a tortious interference with contract case between two businesses brought in Judge...

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