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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 to Exclude Plaintiff's Liability Expert & for Summary Judgment Granted in Part

Posted on June 04, 2008
Wiggins v. Union Pacific R. Co., 2003 WL 25720982(E.D.Tex. Feb 03, 2003) (NO. CIV.A.2:02-CV-79) Judge: T. John Ward Holding: Motion to Exclude Expert & for Summary Judgment GRANTED in part. This case presented an interesting question of preemption. The case...

Jury Demand and "Negative Defenses" Stricken

Posted on June 04, 2008
F.T.C. v. Think All Pub., L.L.C., 2008 WL 793579(E.D.Tex. Mar 24, 2008) (NO. 4:07-CV-011) Judge: Richard Schell Holding: Plaintiff's Motion to Strike Defendants' Demand for a Jury Trial and Affirmative Defenses GRANTED in part Plaintiff Federal Trade Commission (?FTC?) brought...

So Say We All - Defendants accept conditional stay pending reexamination in Premier cases

Posted on June 04, 2008
Two weeks ago Judge Folsom issued orders on the defendants' motions for stay pending reexamination in the Premier v. HP and Premier v. Microsoft cases. (2:07cv 395 and 396 - docket no's 104 and 234 respectively) granting the motions conditioned...

Judge Ward Sits on Federal Circuit Panel

Posted on June 04, 2008
As Dennis Crouch noted yesterday on Patently-O, Judge T. John Ward of the Eastern District sat on a Federal Circuit panel by invitation yesterday, filling out a panel with judges Newman and Gajarsa. They heard three patent cases, Hyatt v....

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Analysis of Orders Imposing Conditions on Stays Pending Reexamination

Posted on June 02, 2008
Many, if not most regular readers of this weblog also read Patent Happenings by the attorneys at Latimer, Mayberry & Matthews IP Law, LLP. I just received the May 2008 issue, located here and there is a good analysis the...

In re Volkswagen oral arguments available online

Posted on June 02, 2008
Forget Frampton Comes Alive! The oral arguments from the Fifth Circuit's May 21-22, 2008 en banc docket (including In re Volkswagen) are now online and downloadable here. Highlights include Do It Again, Unchain My Case, Ain't Got No Discretion, and...

"Art at Work": June/July 2008 featured artist Mary Norvell

Posted on June 02, 2008
The second featured artists in SRBPS's "Art at Work" program is Marshall artist Mary Norvell, whose work will be on display in our firm's Marshall office throughout June and July. Mary is originally from Louisiana and now has a studio...

Ixnay on the Gamesmanship and Chicanery: Plaintiff's Motion for Leave to Amend Answer & Serve Invalidity Contentions Against Intervenor After Deadlines Denied

Posted on June 02, 2008
MASS Engineered Design, Inc. v. Ergotron, Inc., --- F.Supp.2d ----, 2008 WL 2223036(E.D.Tex. May 30, 2008) (NO. 2:06 CV 272) Judge: Leonard Davis Holding: Plaintiff's Motion for Leave to Amend Answer and Serve Invalidity Contentions Against Intervenor DENIED Two "gamesmanship"s...

Summary Judgment Granted for Defendant on Patent License Defense

Posted on June 02, 2008
Orion IP, LLC v. Mercedes-Benz USA, LLC, --- F.Supp.2d ----, 2008 WL 2222964(E.D.Tex. May 30, 2008) (NO. 6:07 CV 451) Judge: Leonard Davis Holding: Defendant's Motion for Judgment on the Pleadings or in the Alternative Motion for Summary Judgment GRANTED...

Moore v. Quarterman - the "other" en banc case from the Eastern District of Texas

Posted on May 30, 2008
Next week's Texas Lawyer will contain a short article by reporter John Council on the other case from the Eastern District of Texas that was argued right after In re Volkswagen. Eric Lynn Moore is a Texas death-row inmate who...

New weblog Patent Appeal Tracer

Posted on May 30, 2008
Just learned today of a new weblog Patent Appeal Tracer, which picks up coverage of patent infringement cases on appeal, reporting on the proceedings below and again periodically as the cases wind through the Federal Circuit. Blogger Kyle Fleming, who...

State Bar of Texas Litigation Section "News for the Bar" newsletter

Posted on May 30, 2008
I am woefully behind posting on this, but I just finally finishing reading the latest (spring 2008) edition of the State Bar Litigation Section's quarterly News for the Bar and was amazed at how much great information is in this...

2008 Patent verdicts commentary by American Lawyer

Posted on May 29, 2008
American Lawyer reporter Nate Raymond, who wrote the Taming Texas article in March's issue of the magazine wrote a short article today about this week's Boston Scientific verdict . His article contains a short summary of this year's patent verdicts...

In re VW featured in Texas Lawyer and in TL's "Reversed and Remanded" video blog

Posted on May 29, 2008
Texas Lawyer reporter John Council puts out the "Reversed and Remanded" video blog. The day before the en banc argument in New Orleans last week John sat down with the Singletons' counsel arguing the appeal Martin Siegel of Houston and...

Jury verdict in Medtronic v. Boston Scientific case

Posted on May 29, 2008
Medical device cases continue to provide - by a factor of four - the largest patent verdicts in the district's history, this time with Medtronic achieving a verdict against Boston Scientific. Tuesday a jury in Judge Ward's court in Marshall...

Nintendo verdict motion for remittitur filed

Posted on May 22, 2008
In a motion filed today, defendant asked for a remittitur, stating that "[t]he only evidence in this case concerning the amount of a reasonable royalty was that offered by Anascape?s damages expert, Walter Bratic, who opined that a reasonable royalty...

En Banc oral argument in In re Volkswagen II

Posted on May 22, 2008
I?m on my way back from attending the oral argument in the In re Volkswagen II case. I won?t provide a blow by blow of the comments and questions by the Fifth Circuit judges, but there are a few general...

Motion for Stay Pending Reexamination Granted with Modifications

Posted on May 19, 2008
Today Judge Folsom issued orders on the defendants' motions for stay pending reexamination in the Premier v. HP and Premier v. Microsoft cases. (2:07cv 395 and 396 - docket no's 104 and 234 respectively). Judge Folsom wrote that "[a]ll three...

Patent case verdict for plaintiff in Lufkin

Posted on May 19, 2008
Another recent Lufkin patent case jury verdict. The Lufkin jury in Judge Clark's court in Grantley Patent Holdings, Ltd. v. Clear Channel Communications, Inc., (NO. CIV.A. 9:06CV259) recently returned a verdict in plaintiff's favor in the amount of $66,029,750...

Plaintiff's Motion for Summary Judgment on Defendant's Inequitable Conduct Claims Granted

Posted on May 19, 2008
Grantley Patent Holdings, Ltd. v. Clear Channel Communications, Inc., 540 F.Supp.2d 724 (E.D.Tex. Mar 31, 2008) (NO. CIV.A. 9:06CV259) Judge: Ron Clark Holding: Plaintiff's Motion for Summary Judgment on Inequitable Conduct GRANTED Plaintiff Grantley Patent Holdings, Ltd...

Patent verdict in Lufkin

Posted on May 15, 2008
Yesterday afternoon a Lufkin jury found in favor of Anascape in a patent case brought against Nintendo having to do with controllers for the Wii and GameCube systems. Anascape had also sued Microsoft, but settled shortly before trial began. Damages...

CM/ECF upgrades -

Posted on May 14, 2008
It may not be quite as cool as the new iPhone, but it does have some neat new bells and whistles. This weekend, May 17 and 18, the U.S. District Court for the Eastern District of Texas will upgrade to...

Defendants' Emergency Motion to Dismiss for Lack of Authority Denied; Motion to Strike Document Authenticity Expert Denied

Posted on May 14, 2008
Nord Service, Inc. v. Palter, --- F.Supp.2d ----, 2008 WL 620545(E.D.Tex. Mar 03, 2008) (NO. 2:06 CV 548) Judge: Leonard Davis Holding: Defendants' Emergency Motion to Dismiss for Lack of Authority DENIED; Motion to Strike Document Authenticity Expert DENIED Plaintiffs...

Federal Circuit Affirms Claims Construction in Patriot Scientific v. ARM case

Posted on May 13, 2008
The Federal Circuit, in Technology Properties Ltd. v. ARM Ltd., 2008- 1020, without issuing an opinion, upheld May 9 a finding that ARM doesn't infringe Patriot Scientific's patent. Patriot Scientific's Technology Properties unit (TPL) sued electronics companies including Matsushita Electric...

IP Law & Business article on venue proceedings at Fifth Circuit

Posted on May 12, 2008
Joe Mullen is a reporter at IP Law & Business magazine who also runs a weblog The Prior Art - One reporter's notes on the IP beat . In his recent post on highlights from the May issue of the...

Patent Reform Act - presentation at TADC seminar

Posted on May 12, 2008
This Thursday I'll be in Dallas speaking at the Texas Association of Defense Counsel's 2008 Intellectual Property Seminar at the Belo Mansion (home of the Dallas Bar Association). My assigned topic is "Everything You Need to Know About the Patent...

Plaintiff's Motion for Limited Jurisdictional Discovery Granted

Posted on May 12, 2008
Womack v. Nissan North America, Inc., 2007 WL 5160790(E.D.Tex. Oct 12, 2007) (NO. 2:06-CV-479-DF) Judge: David Folsom Holding: Plaintiff's Motion for Limited Discovery GRANTED; Defendant's Motion to Dismiss for Lack of Jurisdiction and Insufficient Service of Process DENIED WITHOUT PREJUDICE...

New transcript redaction procedures go into effect

Posted on May 09, 2008
Judge Heartfield just signed General Order 08-8, Download 08-8.pdf which amends several local rules and adds new Local Rules CV-5.2 and CR-49.1, which create new transcript redaction procedures in accordance with U.S. Judicial Conference policy regarding redacting private information from...

New Guest Author: Susan Fisher

Posted on May 09, 2008
Starting yesterday readers will be seeing posts from guest author Susan Fisher, who is an attorney with our firm's Sherman office, where her practice focuses on general trial and appellate practice in federal and state court, intellectual property litigation, lender...

Motion to Dismiss Federal Odometer Act Class Action Denied

Posted on May 09, 2008
Womack v. Nissan North America, Inc., --- F.Supp.2d ----, 2007 WL 5160791(E.D.Tex. Feb 16, 2007) (NO. 2:06-CV-479-DF) Judge: David Folsom Holding: Motion to Dismiss for Lack of Subject Matter Jurisdiction DENIED This is a class action in which the plaintiff...

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