2017 EDTX Bench/Bar – Post #2 – Thursday am

The bench/bar conference was formally convened on Thursday morning by EDTX Bar president Bo Davis and Chief Judge Ron Clark. The morning’s sessions included:

Effect of TC Heartland

I moderated this panel, which included former EDTX chief Judge Leonard Davis, Baylor Law dean Brad Toben, Tom Meloro, Wes Hill and Ted Stevenson. I really appreciate everyone’s work on the panel, which I think was very helpful to attendees – as we explained I think pretty well how many questions remain unanswered in this area.

Hatch Waxman

This panel is going on as I type this, with judges Linares (DNJ), Gilstrap, Burke (DDE), explaining the subject and the effect of the AIA and TC Heartland with multiple other panelists.


Judgfe Thynge (DDE) is joined by several mediators to discuss what makes a mediation successful.

EDTX – past, present & future

My partner Clyde Siebman and Steven Geiszler, chief U.S. IP litigation counsel for Huawei co-chair this panel consisting of EDTX judges Ron Clark and Rodney Gilstrap.

The morning’s sessions are followed by lunch speaker my old State Bar Litigation Section partner Talmage Boston, who is going to defend Atticus Finch even After Go Set A Watchman. Now that should be interesting!

2017 EDTX Bench/Bar – Post #1 (Wednesday)

I didn’t make the shooting or golf excursions this morning since, you know, work, but made it to Plano this afternoon for the first substantive sessions.

The first panel up is on affirmative and defensive IP strategies in an “unstable legal environment” (you think?) Next is things not to say in your briefing, with a panel featuring former clerks to EDTX judges Davis, Schroeder, Mazzant, Ward, Love and Schneider, and one current career clerk for an unnamed judge who wears robes that are not black …

After that is trade secret misappropriation for you DTSA geeks like me featuring judges Mazzant, Johnson & Giblin, followed by tips from the bench featuring a panel with EDTX chief judge Clark, NDTX chief judge Lynn, DNJ chief judge Linares, WDTX judge Yeakel, and EDTX judges Gilstrap and Crone. (Not often you get a panel of six judges with three chief judges. Here it’s an appetizer before the formal opening of the conference tomorrow morning).

After the last panel of the afternoon, we have an opening reception featuring a mariachi band, Mexican beer and tequila “tastings”, then the private screening of the movie “Uncertain” about life, outboard motors and the heartbreak of great salvinia on Caddo Lake near Marshall.

Last Call for Registration for 2017 EDTX Bench/Bar

Normal Registration for the 2017 Eastern District of Texas Bench Bar Conference will close on September 18, 2017. Thereafter, registration will be on a space available basis and subject to a late fee.  Registration is available through the Eastern District of Texas Bar Association website and the Center for American and International Law.

Harvey-related courthouse closures & deadline extension information

The photo on the left shows the current state of Interstate 10 outside Beaumont. Accordingly, the Court has announced that the EDTX courthouses in Beaumont and Lufkin are closed until Tuesday, September 5.  In General Order No. 17-14, Judge Clark states: Counsel or Parties who believe that deadlines for filing of any motion in a pending case have been, or will be, immediately affected by the recent flooding in Texas may be offered relief by the filing of a motion for extension, even if past the filing deadline. Any late-filed request for extension should set forth in detail the circumstances for such late filing. The Court’s electronic filing system remains available and will be monitored for emergency matters.

2017 EDTX Bench/Bar – October 4-6, 2017 – Plano, TX

The 2017 EDTX bench/bar has been set for October 4-6, 2017 in Plano.  Registration and the program are available through the EDTX bar association website here.

The event starts with golf, shooting, or a flight of four sessions on legal topics Wednesday afternoon, followed by the opening reception, which is in turn followed by a screening of Uncertain: The Movie, which documents a remote corner of the EDTX’ Marshall Division. Rolling Stone calls it Uncertain “A Must See Movie” and the Wall Street Journal calls it “Beautifully Poetic”.  And no, I’m not making that up.  There is a good review here.

The conference opens Wednesday morning, after which I will be chairing the first panel Getting In and Getting Out of Texas. Drilling Into Questions Yet Unanswered By TC Heartland in the Age of Cyberspace, which leads off two more days of terrific panels and speakers.

The panels include the EDTX judges, of course, as well as judges from the Second (Cabranes), Fifth (Costa) and Federal (Stoll) Circuits, and judges from the following districts ranked in order of barbecue quality: WD Texas (Yeakel), ND Texas (Lynn),  SD Cal (Bencivengo), Delaware (Burke, Thynge), WD Pa. (Bissoon) and New Jersey (Linares).  Sorry about that, New Jersey, but you’re just never going live down that Pace ad.