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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

State Bar of Texas Committee Review Task Force

Posted on August 28, 2008
State Bar President Harper Estes recently appointed me to the State Bar's 2008-09 Committee Review Task Force. Briefly, as part of the State Bar's last sunset review before the Legislature, the Bar was required to review its standing committee structure...

epicRealm patent case tried to verdict in Texarkana

Posted on August 26, 2008
Friday late afternoon Judge Folsom charged the jury in the case formerly known as epicRealm (plaintiff is now named Parallel Networks, LLC) against defendants FriendFinder and Various, Inc. As I posted recently, a number of the claims in this case...

"Practicing in Federal Court: 2008 Update" - ED Tex Local Rules meet Origami at a Northeast Texas Association of Paralegals meeting

Posted on August 20, 2008
This afternoon I spoke at the NTAP monthly meeting on the subject to Practicing in Federal Court - 2008 Update, mainly about recent amendments to the local rules as they affect paralegals. While preparing my talk it occurred to me...

Motion for Summary Judgment of Noninfringement Granted In Part, Denied in Part; Motion to Strike Expert Declaration Granted

Posted on August 20, 2008
EpicRealm, Licensing, LP and Parallel Networks LLC v. Autoflex Leasing, Inc., et al; No. 5:07-cv-125-DF; and EpicRealm, Licensing, LP and Parallel Networks LLC v. Various, Inc.; No. 5:07-cv-135-DF (consolidated) Judge: David Folsom Holding: Defendants' Motion for Summary Judgment of Noninfringement...

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Final judgment entered in Pressure Products case

Posted on August 20, 2008
Pressure Products Medical Supplies v. Quan Emerteq Corp., No. 9:06cv121 Judge: Ron Clark Holding: Final Judgment In June of this year the Beaumont jury in Judge Clark's court (passing on a Lufkin case tried in Beaumont) returned a verdict in...

Digital Voice Recorder

Posted on August 20, 2008
I received a lot of e-mails after my Starting a New Law Office article ran in the Texas Bar Journal about my solution to the dictation issue, so I thought I'd reprint what I told people. To recap, like most...

"Eastern District Rocket Docket Decelerates in Marshall Division" - Texas Lawyer article

Posted on August 15, 2008
Next week's Texas Lawyer will have a good article on the current state of the Marshall Division patent docket by reporter Mary Alice Robbins, Eastern District Rocket Docket Decelerates in Marshall Division. The data and the trend is nothing new...

12th Annual Eastern District Bench/Bar Conference announced

Posted on August 14, 2008
The brochures for the 12th annual Eastern District bench/bar conference went out by e-mail today. The conference will be held at the Moody Gardens Conference Center in Galveston, Texas, on October 16 and 17, 2008. If you didn't get a...

Plano Courthouse Dedication

Posted on August 14, 2008
Yesterday was the dedication ceremony for the newest federal courthouse in the Eastern District of Texas, in Plano, which is a suburb immediately north of Dallas. The new courthouse is a second place of holding court for the Sherman Division,...

SBOT Litigation Section News for the Bar - Summer 2008

Posted on August 14, 2008
Another very good issue of the State Bar of Texas Litigation Section's News for the Bar. This summer's issue concludes with a very, very well-done judicial profile, A Look at the Man Behind the Patent ?Rocket Docket?? The Hon. T....

PA Tracer - "On the Radar" July 2008

Posted on August 12, 2008
If you haven't been able to get your fix of patent filing stats, take a look at this months, On the Radar over at PATracer. Filings on new patent cases are remaining fairly steady at 241 cases in 50 districts...

Court Declines to Hold Texas Absentee Ballot Law Unconstitutional

Posted on August 08, 2008
Yesterday, Judge T. John Ward in Marshall declined to strike down as unconstitutional a recent Texas law which imposes restrictions on the rights of elderly and disabled voters to seek assistance in casting their ballots by restricting the number of....

Medtronic v. Boston Scientific damages cut by $63.91 million

Posted on August 08, 2008
Medtronic v. Boston Scientific Corp., 2:06cv078-TJW (E.D. Tex. August 1, 2008) Judge: T. John Ward Holding: Damages Award Reduction Three weeks ago I reported that Judge Ward has granted part of Boston Scientific's motion for JMOL on the damages in...

Patent verdict in Lufkin case

Posted on August 08, 2008
A Beaumont jury rendered a verdict in the Deep Nines v. McAfee case on July 15. (This is a Lufkin case which was tried in Beaumont, so no, that's not a typo). With respect to McAfee's IntruShield product line, it...

Current issue of State Bar Litigation Section "The Advocate": Criminal Law Issues for Civil Litigation

Posted on August 07, 2008
I just finished reading the current issue of the Litigation Section?s outstanding quarterly ?report? The Advocate and wanted to mention some of the articles that might be of interest to readers. As Editor in Chief Lonny Hoffman notes in his...

Stay Pending Reexamination Granted (case now reported)

Posted on August 07, 2008
Premier Intern. Associates LLC v. Hewlett-Packard Co., 554 F.Supp.2d 717 (E.D.Tex. May 19, 2008) (NO. 2:07-CV-395(DF), 2:07-CV-396(DF)) Judge: David Folsom Holding: Stay Pending Reexamination GRANTED As I previously posted three months ago, this is the "no two bites at the...

More on Judge Clark's orders on future damages in patent cases

Posted on August 07, 2008
I recently posted on Judge Clark's order regarding sending some future damages issues to juries in patent cases. Lynne Marek of the National Law Journal did an article on the subject this week, just reprinted in Texas Lawyer, that does...

Another Texas lawyer features art in office

Posted on August 07, 2008
Tex Parte Blog recently featured another Texas lawyer who's hosting artwork at his office, Fort Worth bankruptcy lawyer J. Michael McBride, who now has a link to his firm's website on the screens of the approximately fifteen hundred people a...

"Art at Work": August/September 2008 featured artist Jo Anne Imhoff

Posted on August 07, 2008
Our featured artist for August and September is well-known local artist Jo Anne Imhoff. Jo Anne specializes in images of Caddo Lake, and all the artwork up is of lake scenes. (I have to admit my favorite is actually a...

TexasBarCLE Advanced Patent Litigation Course - Day 1

Posted on August 01, 2008
This week my travels in the wonderful world of patent litigation take me to Carlsbad, California (just north of San Diego) where this morning I participated in the opening seminar of the 4th annual TexasBarCLE Advanced Patent Litigation Course. Following...

TexasBarCLE Advanced Patent Litigation Course ? Day 2

Posted on August 01, 2008
Day Two of the course opened with a presentation on ethical issues surrounding client representation, followed by a very helpful session on Markman hearings with Marshall and Texarkana magistrate judges Caroline Craven and Chad Everingham. (Hot tip - don't use...

Order on Judge Clark's future damages order

Posted on July 31, 2008
Ariba, Inc. v. Emptoris, Inc., --- F.Supp.2d ----, 2008 WL 2906916(E.D.Tex. Jul 29, 2008) (NO. CIV.A.9:07CV90) Judge: Ron Clark Holding: Hard to say. Several weeks ago, Judge Clark sent out orders in numerous patent cases indicating that he would consider...

"Patent Litigation - A Practitioner's Perspective" - Door County WI IP Academy

Posted on July 29, 2008
Been on the road a lot lately speaking on patent litigation topics. Most recently last Friday in Sturgeon Bay, Wisconsin at the Door County Intellectual Property Academy, sponsored by the State Bar of Wisconsin's IP Section. Sturgeon Bay, for those...

The dedication ceremony for the

Posted on July 29, 2008
The dedication ceremony for the new U.S. Courthouse in Plano, Texas has been set for August 13, 2008 at 10:00 am. The new courthouse is located at 7940 Preston Road, a stone's throw from the line dividing Plano from Frisco....

"The Reports of My Retirement Have Been Greatly Exaggerated"

Posted on July 29, 2008
Today is status conference day for another batch of forty or so patent cases in Marshall - better known as "cattle call" locally - where each receives Markman and trial dates. This morning Judge Ward opened court by recalling Mark...

Local Rules committee activity - request for input

Posted on July 21, 2008
The 2008 edition of the Eastern District's local rules committee met last week in Tyler to review an initial set of proposed rule changes. I have been remiss in not asking readers to forward any suggestions they have for local...

Motion to Clarify Claim Construction Opinion Granted

Posted on July 14, 2008
MASS Engineered Design, Inc. v. Ergotron, Inc., 2008 WL 2697293(E.D.Tex. May 30, 2008) (NO. 206 CV 272) Judge: Leonard Davis Holding: Motion to Clarify Claim Construction Opinion GRANTED Plaintiff asked the Court to clarify one of its claims constructions to...

Boston Scientific's JMOL Granted as to Several Products in Medtronic Case

Posted on July 14, 2008
Medtronic v. Boston Scientific Corp., 2:06cv078-TJW (E.D. Tex. July 11, 2008) Judge: T. John Ward Holding: Defendant's Motion for Judgment As A Matter of Law Par. 5 GRANTED Two days after Boston Scientific lost all of its post-trial motions before...

PAT's June "On the Radar"

Posted on July 14, 2008
PAT (Patent Appeal Tracker) has its monthly report in filing stats, and June 2008 shows 255 cases filed 56 of the 94 federal judicial districts in June 2008. The Eastern District of Texas ranks first again, with 32 new cases,...

Six month anniversary

Posted on July 14, 2008
Today is my six month anniversary at my new office, and it's been a really great experience. In that time I've gotten to work with a lot of really great lawyers and clients (you know who you are) on some...

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