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.

2017 Midwest IP Institute

Looking forward to today’s sessions at the 2017 Midwest IP Institute at the outstanding Minnesota CLE Conference Center in Minneapolis.  Lots of good speakers on tap, beginning with this morning’s keynote, CAFC Judge Jimmie V. Reyna. I am up on the panel on venue after TC Heartland with Susan Morrison and Aaron Myers, moderated by John Adkisson. John pulled current filings stats for us to discuss, as well as trends we are seeing in practice.  I had my first post-In re Cray venue hearing the day before yesterday, so I can relay what I’m seeing as far as briefing and argument as well.

Time is what prevents everything from happening at once. Lately it doesn’t seem to be working

My calendar knew that I am speaking at three events in the upcoming week on the effect of TC Heartland, but somehow it didn’t see fit to tell me.  So let me flag a couple in case you’re in the neighborhood, as well as mention a fourth presentation at the upcoming ILT IP conference in Plano in November:

Midwest IP Institute – Friday, Sept. 29 – 1:15 pm – I am on a panel at the Midwest IP Institute in Minneapolis.  As our panel follows CAFC Judge Jimmie Reyna, who was on the panel in In re Cray, we might have more insights than we’re currently aware of.

If you haven’t been to this event, the Minnesota Bar’s CLE conference facilities in the City Center Mall are the best I’ve ever seen.  I spoke there a few years back and am really looking forward to returning – with I could be there for both days, but there are claims that must be construed …

EDTX Bench/Bar – Thursday, October 5 – I’ve already posted on this one, but we have a great panel on the effect of TCH (and now In re Cray) to kick off the bench bar Thursday morning.  I’ll be moderating a panel consisting of

  • Judge Leonard Davis, Fish Richardson;
  • Dean Brad Toben, Baylor Law School;
  • Ted Stevenson, McKool Smith;
  • Wesley Hill, Ward, Smith & Hill, PLLC; and
  • Thomas J. Meloro, Willkie, Farr & Gallagher, LLP

We are hard at work making sure we have all the best analysis for attendees.

I’m also presenting on the same topic at the Institute for Law & Technology’s 55th Annual Conference on Intellectual Property Law in Plano, which I am co-chairing with Brian Gaffney of AT&T this year.  The conference will be November 13-14, and I’ll post more when – well, when next week is over.