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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

Judgment and injunction entered in Ariba v. Emptoris

Posted on January 20, 2009
Also this fall, a Lufkin jury in Judge Ron Clark's court returned a verdict for the plaintiff in Ariba v. Emptoris, 9:07cv0090-RHC. The jury found infringement, but split on willfulness, finding one claim not, and one yes. No on invalidity,...

Eastern District Jury's Verdict for Patent Defendant Affirmed: Plaintiff's JMOL Denied

Posted on January 20, 2009
Candela Corp. v. Palomar Medical Technologies, 2008 WL 5480563 (E.D. Tex. Dec. 30, 2008).Judge: Ron ClarkHolding: Plaintiff's Motion to Set Aside Jury's Burning of Patent at the Stake DENIEDWhen speaking at seminars, like last week, I often get asked what...

"Intellectual Property Litigation" - Winter 2008 SBOT Litigation Section "Advocate" magazine

Posted on January 16, 2009
You can tell how far behind I am when I post on issues of a quarterly magazine back to back. The latest Advocate issue, which I just saw yesterday in our Litigation Section meeting, is "Intellectual Property Litigation" and has...

"Five Year Retrospective on House Bill 4" - Fall 2008 SBOT Litigation Section "Advocate" magazine

Posted on January 16, 2009
I try to post on the great work that editor Lonny Hoffman and his editorial board are doing with the Litigation Section's quarterly Advocate magazine. They hit another home run with the fall 2008 issue, which is a five year...

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"Intellectual Property and Patent Litigation Update" - SBOT Litigation Update seminar

Posted on January 16, 2009
I presented this morning at the State Bar's annual Litigation Update seminar in San Antonio on "Intellectual Property and Patent Litigation Update". As my laptop ate my slide show, I just went through the paper I sent in last month,...

Motion to Transfer Patent Case Denied (citing In re VW II)

Posted on January 14, 2009
J2 Global Communications, Inc. v. Protus IP Solutions, Inc., 2008 WL 5378010(E.D.Tex. Dec 23, 2008) (NO. CIV.A. 6:08-CV-211, CIV.A. 6:08-CV-275, CIV.A. 6:08-CV-262, CIV.A. 6:08-CV-263)Judge: John LoveHolding: Motion to Transfer Venue DENIEDInteresting fact situation in this, one of the first venue...

Happy First Anniversary SRBPS - Marshall

Posted on January 14, 2009
Yes, it's now officially been one year since I joined SRBPS and opened our new Marshall office. It's been one of the best professional experiences I've ever had, and I want to thank everyone who made it possible. Of course...

New Chief Judge - U.S. District Judge David Folsom of Texarkana

Posted on January 05, 2009
Effective January 1, 2009, U.S. District Judge David Folsom of Texarkana has assumed the duties of Chief Judge of the Eastern District of Texas, succeeding Judge Thad Heartfield of Beaumont. Congratulations to Judge Folsom on his new duties and on...

Bear Essentials: Toolbox for Starting Your Own Practice

Posted on January 05, 2009
According to Baylor Law School, on Wednesday, January 7 at 3:30 pm, "Michael C. Smith ('92) of Siebman, Reynolds, Burg, Phillips & Smith will speak on ethical concerns and practical pointers to starting a new law office. This will be...

Federal Circuit Grants Mandamus in Venue Case

Posted on December 29, 2008
The e-mails are flying today over the Federal Circuit's decision today to grant a petition for mandamus transferring a Marshall patent case between a Michigan plaintiff and defendants from Ohio and Canada in IN RE TS TECH USA CORPORATION, TS...

SRBPS 2008 Christmas Card - Twas the Night Before Christmas by Marshall artist Carol Pace

Posted on December 22, 2008
The 2008 Christmas card from SRBPS - Marshall is the original watercolor painting Twas the Night Before Christmas of the historic Harrison County Courthouse during the holiday season by Marshall artist Carol Pace. Carol, as readers may recall, was the...

In Memoriam: Franklin Jones, Jr.

Posted on December 22, 2008
The flag in front of the federal courthouse in Marshall is flying at half staff today in advance of this morning's funeral services for Marshall lawyer Franklin Jones, Jr. (for full obituary, click here). Franklin was the third generation of...

Petition for Writ of Certiorari Filed in In re Volkswagen

Posted on December 11, 2008
Plaintiffs filed their petition for cert in the In re Volkswagen case Tuesday. Texas Parte blog had a brief, but informative post about it a couple of days ago, featuring comments from plaintiff's counsel Martin J. Siegel of Houston.

Court Suspends Annual Attorney Admission Fee

Posted on December 08, 2008
Having trouble making ends meet? The Eastern District is here to help. Chief Judge Heartfield just signed General Order 08-14, which suspends the collection of the $10 per year local attorney admission fee effective immediately, until further order of the...

Swearing in of new clerks / patent case status conferences

Posted on December 04, 2008
Tuesday's patent case status conferences in Marshall were unexpectedly preceded by a point of personal privilege, as I think Judge Ward put it, when all three of his and Judge Everingham's new law clerks were sworn in as members of...

Summary judgment granted on state law claims in West v. Perry

Posted on December 01, 2008
Trial starts tomorrow in this case, but the defendant scored a win today, as Judge Davis affirmed Judge Love's report and recommendation that the defendant's motion for summary judgment as to the plaintiff's state law claims for infringement of state...

Patent verdict in Golden Hour v. emsCharts case

Posted on December 01, 2008
Who says juries don't work hard? It wasn't until after sending out seven notes that the jury in the Golden Hour Data Systems, Inc. v. emsCharts, Inc., 2:06cv381 case pending in Judge Ward's court in Marshall returned a verdict. The...

Stay Pending Reexam Denied in ESN v. Cisco - Rumblings About Efficacy of Inter Partes Reexam

Posted on November 26, 2008
Peter Zura has a good post analyzing Judge Folsom's recent decision denying a motion to stay in the ESN v. Cisco litigation. He points out that Judge Folsom was not persuaded by the claims made about the relative merits (which...

Marshall's "Wonderland of Lights" Begins

Posted on November 26, 2008
Jurors in the Golden Hour Data Systems v. emsCharts case being tried in Marshall federal court this week will get a surprise tonight when they leave the courthouse and see the image to the left. This year's Wonderland of Lights...

"Why Apple Got Sued in Texas" - Wall Street Journal - Nov. 24, 2008

Posted on November 25, 2008
Good short article in the Wall Street Journal's Business Technology section here yesterday by reporter Ben Worthen on the recent patent case filed against Apple in the Eastern District of Texas. Ben goes into the background of the district's patent...

Marshall Jury Returns Infringement Verdict Against All Parties

Posted on November 20, 2008
I'll post more details later, but I just learned that the Marshall jury in Judge Davis' Mass v. Ergotron case returned infringement verdicts for both sides yesterday. Plaintiff asked the jury for $64 million and got $1.5 million from the...

Patent verdict in Agere v. Sony in Marshall

Posted on November 17, 2008
Well, one of the two Marshall cases is now done. This afternoon the Marshall jury in Judge Everingham's court rendered a plaintiff's verdict in Agere v. Sony, 2:96cv79. The jury found that the accused Mylo personal communicator and Network Walkman...

Motion to Dismiss Patent Case for Lack of Prudential Standing Denied - Post-Filing Reassignment Permissibly "Closed the gap" in Plaintiff's Legal Title

Posted on November 10, 2008
Positive Tech. v. LG Display Co., Ltd., 2008 WL 4425372 (E.D. Tex. Sept. 24, 2008).Judge: T. John WardHolding: Defendant's Motion to Dismiss for Lack of Standing DENIEDIn this very useful opinion Judge Ward set forth the applicable law on the...

Motion for Stay Denied in "only if" case on remand

Posted on November 10, 2008
02 Micro Intern. Ltd. v. Beyond Innovation Technology Co., Ltd., 2008 WL 4809093 (E.D.Tex.,2008)Judge: T. John Ward.Holding: Motion for Stay DeniedOn May 15, 2006, a jury in this case found that defendants willfully infringed claims 1, 15, 35, and 39...

Bilksi - audio podcast from law professors

Posted on November 10, 2008
One of the weblog readers that I'm had the pleasure of working with recently is Professor Doug Lichtman, who teaches at the law school at UCLA. Professor Rob Merges from Berkeley, Professor John Duffy from GWU , and Professor Lichtman...

45th Annual Conference on Intellectual Property Law - CAIL

Posted on November 10, 2008
The Center for American and International Law is holding its 46th Annual Conference on Intellectual Property Law (CAILAW) at its headquarters in Plano today and tomorrow. More information can be obtained at the seminar's website. I will be posting during...

Another patent verdict in Lufkin

Posted on November 05, 2008
Another patent case was decided by an Eastern District jury last week. A day after the Pioneer v. Samsung verdict in Marshall, a Lufkin jury in Judge Ron Clark's court returned a verdict for the plaintiff in Ariba v. Emptoris,...

13th Annual Advanced Patent Law Institute - Austin, Texas

Posted on October 30, 2008
Today and tomorrow I'm attending the UT CLE Advanced Patent Law Institute in Austin, Texas. Today's highlights (for me) was an very good presentation on Forum Selection and Local Rules by John Torkelson of Carrington, Coleman, and a judicial panel...

Federal Circuit Reverse Position on Business Method Patents in Bilski

Posted on October 30, 2008
Thought readers might be interested in this - as just reported, earlier today the Federal Circuit largely disavowed business methods in the Bilski case - for more information, see here.

The Plaintiff Strikes Back: Eastern District Jury Returns $59 Million Verdict in Patent Case

Posted on October 29, 2008
The back and forth of patent verdicts in the Eastern District continues (not that that's exactly news). After back to back defense verdicts in patent cases in recent weeks the plaintiffs scored a win yesterday in Pioneer v. Samsung, 2:0cv384....

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