With the popularity of the PTAB for parallel patent proceedings (this is your periodic reminder that Broadcast News is the best movie ever made) occasionally there are some disputes over what materials from district court cases can be used in PTAB proceedings. This opinion notes the issue and resolves it.
While not as exciting as a JMOL ruling, limine/pretrial rulings are still interesting. JMOLs are more thorough, focus on the issues that were actually raised, and contain sufficient context to explain what the issue is and why the motion is being granted or denied. Motions in limine/pretrial rulings, on the other hand, are like watching the two minutes of Star Wars immediately before the rebel spacecraft engage the Death Star. There’s some important information about the case as the rebel pilots prepare for battle, of course, but it’s incomplete and can be misleading about what the key issues really are. Who’s this “Ben” guy, what’s the deal with the Cinnabon lady, and good riddance to Han and the hairy guy.
A Marshall jury in Judge Gilstrap’s court rendered a verdict Friday in a patent case involving claims by Intellectual Ventures against defendants T-Mobile and Ericsson.
Following the addition of U.S. District Judge Jeremy Kernodle to the Eastern District of Texas bench late last year, most of the Tyler docket, including this case, was reassigned from Judge Gilstrap and Judge Schroeder to Judge Kernodle. Judge Kernodle just entered an order denying the defendant’s renewed motion to dismiss for failure to state a claim which argued that the patents in suit claimed ineligible subject matter.
This is a 1400(b) case in which the court passes on the plaintiff’s claim that the “regular and established place of business” test was satisfied. But the case had an interesting twist I had not seen previously.
This picture of my grad school roommate Johnny Hatch with a pile of rattlesnakes at the Texas Capitol yesterday (it was Sweetwater Rattlesnake Roundup so this is actually fairly normal) has nothing to do with this post. I just thought it’d be interesting for you non-Texans. Although, come to think of it, there are those that would put alleged SLAPP and anti-SLAPP suits in the same category as a bag of rattlesnakes. Let me explain why.