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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

Digital Voice Recorder - update of 2008 post

Posted on August 19, 2010
I received a lot of e-mails after my Starting a New Law Office article ran in the Texas Bar Journal in the summer of 2008 about my solution to the dictation issue, so I ran a detailed post here about...

Enhanced Damages & Attorney's Fees: Plaintiff awarded $5 million in fees, $3 million in expert expenses, and treble damages as a result of litigation misconduct by defendant

Posted on August 18, 2010
ReedHycalog UK, Ltd. et al v. Diamond Innovations Inc., 6:08cv00325 (E.D. Tex. August 12, 2010) Judge: Leonard Davis Holding: Defendants' JMOL motions DENIED; Plaintiff's Request for Exceptional Case Finding, Enhanced Damages & Permanent Injunction GRANTED A few days back I...

Patent Case Transferred to Plaintiff's San Diego Location

Posted on August 12, 2010
HTI IP v. DriveOK, 6:09cv370 (E.D. Tex., 8/4/10) Judge: Leonard DavisHolding: Motion to Transfer Venue GRANTED Plaintiffs in this case are from Georgia and California (Southern), and defendants are from Tennessee, Canada, Washington, California (Central)...

JMOL rulings in Soverain v. Newegg - damages experts, future royalties, JMOL standards, obviousness, etc.

Posted on August 12, 2010
In April a Tyler jury in Judge Leonard Davis' court rendered a verdict in favor of plaintiff Soverain Software (ed. note - my client), finding indirect infringement and $2.5 million in damages. Yesterday afternoon Judge Leonard Davis issued my favorite...

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Defense verdict for Google & Yahoo! in BrightResponse case

Posted on August 12, 2010
Monday a Marshall jury in Judge Chad Everingham's court rendered a verdict in favor of defendants Google and Yahoo! in Bright Response v. Google, 2:07cv371. The jury found that none of three asserted claims were infringed literally or under the...

Texas Lawyer article on false marking cases

Posted on August 12, 2010
My wife Jamie and I just got back in the office yesterday from a vacation, and I enjoyed reading last week's Texas Lawyer article on false marking suits by reporter Mary Alice Robbins. The article contains a good summary of...

Inequitable Conduct Defense Dismissed, With Leave to Replead Consistent with Exergen

Posted on July 26, 2010
ACQIS LLC v. Appro International, Inc. et al, 6:09cv00148 (E.D. Tex. 7/22/10) Holding: Motion to Strike Pleading GRANTED Judge: Leonard Davis Plaintiff sought an order striking defendants' inequitable conduct defense. Judge Davis denied the motions to dismiss under FRCP 12(b)(6)...

Patent Case Transferred to California, Citing Location of Defendants and Witnesses

Posted on July 22, 2010
Software Archives v. Google, 2:07cv511 Judge: Chad Everingham Holding: Motion to Tranfer Venue GRANTED Judge Everingham just granted the defendants' motion to transfer this case to the Northern District of California, finding that the balance of the public and private...

"Practical E-Discovery Issues" by Magistrate Judge Chad Everingham - State Bar of Texas Litigation Section's quarterly magazine "The Advocate"

Posted on July 21, 2010
If you do litigation in Texas, this is yet another reason why you need to be a member of the Litigation Section of the State Bar of Texas. The Section puts out an outstanding quarterly publication The Advocate, edited by...

Motion to Dismiss Recommended Denied in False Marking Case

Posted on July 16, 2010
Promote Innovation LLC v. Ranbaxy Laboratories Inc., 2:10cv00121 (July 14, 2010) Judge: Chad Everingham Holding: Motion to Dismiss recommended DENIED; leave to amend pleading granted Still haven't gotten around to bring my grandfather's pencil sharpener with all the expired patents...

PLI seminar: Venue Based Patent Litigation Strategies

Posted on July 16, 2010
Things have been so busy recently with preparations for our firm's Marshall office moving across town into the historic Hub building that I didn't get a post up about this seminar until two days afterwards. Wednesday morning I was pleased...

Trading Technologies International v. eSpeed - Judge Clark concurrence

Posted on July 05, 2010
Trading Technologies Intern., Inc. v. eSpeed, Inc., --- F.3d ----, 2010 WL 653271 (C.A.Fed., 2010) Judge: Ron Clark (E.D. Tex., sitting by designation) Holding: District court affirmed A long-standing tradition in at least some federal courts is the invitation of...

2010 Eastern District of Texas Bench/Bar Conference announced

Posted on June 30, 2010
My partner Clyde Siebman, who is chair of the planning committee for this year's bench/bar, asked me to post the following about this year's edition: As the 2010 Conference Chairman of the Eastern District of Texas Bench/Bar Conference, I am...

State Bar of Texas Convention; Oklahoma Bar IP Section Talk on Eastern District; Corpus trip; new offices near occupancy

Posted on June 24, 2010
It's been a busy couple of weeks out of the office, but I'm back in catching up on recent developments in the Eastern District. Week before last was the State Bar of Texas Annual Meeting in Fort Worth, at which...

Judge Ward grants new trial/remittitur in Laserdynamics - cuts judgment from $57.4 million to $6.2 million

Posted on June 11, 2010
The jury in LaserDynamics v. Asus Computer International, 2:06cv348 found for the plaintiff back on July 6 of last year in Judge Ward's court in Marshall. Specifically, it found that the defendant contributed or induced infringement of one claim of...

Jury verdict in Reedhycalog v. Diamond Innovations

Posted on June 11, 2010
Yesterday a Tyler jury in Judge Leonard Davis' court rendered a verdict in Reedhycalog v. Diamond Innovations, 6:08cv325. The jury found literal and willful infringement of the nine asserted claims, and no on the anticipation defense. There was not a...

It's That Time of Year Again: The Northeast Texas Bar searches for Miller's Cove

Posted on May 20, 2010
It's an annual ritual around here - the annual pilgrimage of the lawyers to the Northeast Texas Bar Association's spring meeting (well, it's the only meeting, actually) at Miller's Cove (pop. 120, elevation 443 feet according to the aptly named...

... and watch those page limits too!

Posted on May 19, 2010
A couple of weeks back I noted that Judge Davis in Tyler struck and ordered refiled several motion in the VirnetX case by Microsoft for failure to comply with the local rules regarding line spacing (and margins). See Double Means...

Plaintiff on Liability; Defense on Damages - Commil v. Cisco

Posted on May 18, 2010
Yesterday a Marshall jury in Judge Everingham's court rendered a verdict finding Cisco liable for direct infringement of the three asserted claims of the patent in suit, but that it had not induced infringement. The jury also found that Cisco...

"Motions: Dispositive and Otherwise" - Federal Court Practice seminar

Posted on May 17, 2010
Compared to the trip to New York the week before, Friday was a leisurely drive down to Houston and back for the annual Federal Court Practice seminar put on by the State Bar of Texas. I even got to take...

Federal Circuit Denies Mandamus of Venue Ruling in Personal Audio v. Apple

Posted on May 13, 2010
In Personal Audio v. Apple, 9:09cv011 (February 11, 2010) Judge Clark denied the defendant?s motion to transfer, and yesterday, the Federal Circuit affirmed that decision. The facts of the decision are important to understand the significance of the Federal Circuit's...

Patent Venue Update: AIPLA Spring 2010 seminar

Posted on May 07, 2010
Wednesday and Thursday were the days from hell, travel-wise, as I went from Marshall to New York and back in 37 hours to present the patent venue update paper at the AIPLA spring seminar in New York City (its fourth...

Transfer, then Stay - The New Texas Two-Step?

Posted on May 03, 2010
Scott McKeown has an interesting post "The New Texas Two-Step" on the Patents Post-Grant weblog about the statistical prevalence of motions to transfer in the Eastern District to seek California as a destination (close to 50%) - and makes the...

Thursday Night Live: Bring On the JMOL Motions

Posted on April 30, 2010
Thursday night is traditionally JMOL night for trials in the Eastern District, and this week was no different. Last night the defendant in Judge Rader's Red Hat case in Marshall filed one as to noninfringement and damages - no ruling...

Induced Infringement Found in Soverain v. Newegg: Red Hat Gets Defense Verdict in Marshall

Posted on April 30, 2010
This afternoon a Tyler jury in Judge Leonard Davis' court declined to find direct infringement of the seven claims asserted by plaintiff Soverain, but found induced infringement of the five claims for which inducement was claimed, and that the deendant...

Double Means Double: Filings Struck for Failure to Comply With Line Spacing Rules

Posted on April 29, 2010
VirnetX v. Microsoft, 6:07cv0080 (April 29, 2010) Judge: Leonard Davis Holding: Order Striking Filing You know how some lawyers try to squeeze more into the page limits by not following the requirement that pleadings and briefing be double-spaced, sneaking the...

Busy Week in the patent docket

Posted on April 28, 2010
I'm in Tyler all week in the Soverain v. Newegg patent trial (the first in my career in which the defendant declined to assert a JMOL motion at the close of the plaintiff's case in chief yesterday afternoon, even after...

Court Holds ResQNet Does Not Require Admission of License Agreements Arising Out of Litigation

Posted on April 28, 2010
Fenner v. HP, 6:08-cv-00273-JDL (April 28, 2010) Judge: John LoveHolding: Plaintiff's Motion in Limine to Preclude Testimony Regarding Prior Litigation GRANTED-IN-PART This afternoon I noted that Judge Love was getting ready to try a Fenner case next week in Tyler...

Sherman Reception for Chief Judge David Folsom

Posted on April 21, 2010
Eastern District Bar Association president Larry Phillips asked me to pass along an invitation to members of the bar to attend a reception honoring United States District Judge David Folsom, Chief Judge of the Eastern District of Texas, hosted by...

Plaintiff's verdict in Clearvalue case - $5.17 million in trade secret misappropriation & patent infringement damages

Posted on April 21, 2010
It appears to have been a hard-fought case, but at the end of day 7 of the Clearvalue v. Pearl River case the Tyler jury in Judge Leonard Davis' court finally returned a verdict. On the trade secret misappropriation claims,...

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