Some patent cases conclude the trial phase of the case not with a trial before a jury, but with a post-trial bench trial on nonjury issues such as laches, inequitable conduct, or other equitable issues. This opinion reflects the court’s findings on the issue of equitable estoppel in a patent case, which was tried to the court following the jury trial.
Yes, there are still 1404 motions seeking transfer based on convenience, and this one in a case brought by Oyster Optics presents a current recitation of the relevant caselaw before denying the requested relief.
They’re not quite the intellectual thrill of a JMOL ruling, but court orders determining whether to enhance damages and award ongoing royalties are where the money is, literally speaking. A recent order awarding ongoing royalties by declining to enhance damages provided more information when enhancement is and isn’t appropriate.
With In Re Cray clarifying to some extent when venue is proper based on the alleged existence of a regular and established place of business, cases are starting to get thumbs up or thumbs down on pending venue motions at an accelerating pace, providing additional analysis on where in the Cordis/Cray continuum they fit.
Like this one.
Earlier today Judge Rodney Gilstrap granted the motions to intervene in a patent infringement suit brought against a retailer by three suppliers. The motion was granted as an intervention as of right under FRCP 24, but the Court found intervention appropriate even under the standards for permissive intervention.
You can never have too many cases to check to see whether a motion to dismiss for failure to state a claim under Twiqbal is going to be fruitful in a case – or not. Attached is a another example of one that was … not.
The most recent batch of bimonthly patent case scheduling conferences was held earlier this week in Marshall, and as usual I have a brief rundown of the results.
“According to the FedEx Defendants’ advertising, they are “everywhere” you need them to be,” Judge Gilstrap wrote in this opinion. “However, in their Motion to Dismiss Defendants argue that they are everywhere but this District, at least with respect to venue. The Court disagrees.”
The Court’s opinion in this case is useful on numerous pressing questions. First, post-Micron what activity (or lack thereof) constitutes waiver of a Fourco improper venue defense; and second, what activity is sufficient to constitute a “regular and established place of business”, as analyzed below, including related questions of burden of proof, imputing contacts, venue discovery, and infringing acts.
It’s purely coincidental that today’s Fed Ex delivery to my office was the ribbon copy of my patent, but it seemed to be worth memorializing in this post about Fed Ex. But yeah, I’m an inventor now.
Last week a Marshall jury in Judge Rodney Gilstrap’s court returned a verdict in favor of the defendant in a patent case involving four claims from three patents.
2017 has been a golden year for 101 motions in the Eastern District of Texas, with the reported grant rate – at least for the six month period from last fall through this spring – hovering at 75%, compared to 18% in Delaware. It’s even triple the 25% grant rate during the same period in the Northern District of Texas, according to the below table from Bilksiblog.com. Last week saw another negative data point on 101 motions for plaintiffs, as Judge Gilstrap granted a 101 motion on one patent – and on a claim that the PTAB had declined to institute review on – 45 days after the motion was filed, and stayed the case as to several others pending PTAB proceedings.