Stream of Commerce?
It’s always interesting to see where courts are on the “stream of commerce” test when addressing personal jurisdiction issues. Let’s see where we are this month.
Schedule for Briefing Venue Issues
Venue motions are usually filed before the scheduling conference so there’s no mechanism for conducting discovery on them. This order indicates what an appropriate schedule might look like.
Discovery Into Unaccused Products
I thought EDTX caselaw on the issue of discovery into unaccused products was pretty clear, but apparently another case was required.
Advanced PI Seminar – Day 2
Today’s seminar started with tips on use of local counsel, followed by Section 101 developments and injunctive relief in patent cases.
After the morning break we’ll hear as presuit and pretrial pitfalls and indemnification provisions. The judges panel at lunch features Judge Nancy Atlas of the SDTX and Judge Miriam Quinn with the PTAB on copending cases moderated by D.J. Healey.
Day 2 concludes with presentations on the AIA on-sale bar, intentional waiver of privilege and appellate issues in both district court and PTAB litigation. Actually, it concludes with dragging two teenage boys out of their room before the checkout deadline and heading to Waco to hunt for an apartment for our engineering student’s junior year at Baylor, but that’s probably just me.
There’s good news and there’s bad news in this verdict
A Marshall jury in Judge Gilstrap’s court recently returned a verdict in this case involving patent and other claims going both ways.
Advanced Patent Litigation Course – San Antonio
The twins and I are in San Antonio for the Advanced Patent Litigation course, which is co-sponsored by the Intellectual Property Law Section of the State Bar of Texas. Which means they’re in bed and I’m watching patent lawyers and taking notes for the IP Section’s newsletter.
The morning starts on a light note with Nick Guinn on litigating cases with more than just patents – which might be interesting in light of last week’s verdict in Marshall. Next up is the PTAB, which gets three presentations that will cover recent developments (including sovereign immunity), the issues surrounding real parties in interest and privity, as well as a panel on recent changes in PTAB trial proceedings. The lunch presentation is on the duty of candor to the Court, and I suspect I know what the tale to be told is. Did you know there’s a back door to the attorney/client privilege in this context?
The afternoon starts with what looks to be an interesting panel which consists of case studies in patent enforcement. It will address issues to be considered before filing an action to enforce a patent, like time, costs, legal hurdles, IPRs and potential recovery.
Which reminds me of the time Scotty Baldwin assigned his new associate the responsibility of screening cases. Carl protested that he just got out of the U.S. Attorney’s office and didn’t know what to look for. “It’s real simple,” Scotty said. “There’s liability, damages, and a defendant that can pay. If a case has two out of three, take it. If one has all three, call me because I’ve never seen one of those cases, goddammit.”
Perhaps apocryphal, perhaps not. In any event, patent cases are a little more difficult to evaluate, and this panel will explain why.
Former submariner Russ Emerson will no doubt call on his experience in being on ships that sink in addressing recent developments in patent venue, followed by recent developments in patent antitrust.
Good Lord, it’s only 2:15 in the afternoon on Day 1 and we still have O2 Micro issues, lost profits after WesternGeco, apportionment in damages calculations and funding patent litigation in the world of IPRs.
The course is held at the Hyatt Regency Hill Country Resort & Spa, where at 7pm every night you get to make s’mores.
