More EDTX Data Points on Enhanced Damages, Exceptional Case Fee Awards and Ongoing Royalties

Several recent opinions out of the EDTX provide litigants with more data points on enhanced damages – when are they appropriate and when are they appropriately set aside – on how future royalties are calculated, and and on when Section 285 awards of attorneys fees in “exceptional cases” are appropriate.  They also provide a helpful analysis of which non-taxable fees and expenses are not recoverable under Section 285.

Plausible. P-L-A-U-S-I-B-L-E. Plausible.

One day a year I have to spell things right, and today was that day.  Congratulations to our Marshall Chamber of Commerce team for pulling off the win at the annual Marshall – Harrison County Literacy Council spelling bee.  We made it past 12 other teams, and raised some good money for local literacy efforts.   As Bryan Partee said at the beginning of the competition, “when you can read, every book is a children’s book.”  I like that.  (To answer your question, they’re fire ants – Marshall’s Fire Ant Festival is just a few weeks away).

Speaking of spelling, “plausible” can be a pretty hard word, but a recent opinion by Judge Payne uses it in a sentence, and provides some guidance on when a motion to dismiss a complaint for failure to state a claim  because an assertion is not “plausible” should be denied.

Order of Legal Writing (Cleaned Up) Evangelist and Hero

Thanks to @SCOTUSPlaces for the certificate.  I’ll get right on reprinting my business cards (and cleaning up my cites).  Waiting on the email with the info on the secret handshake, and being a long time member of KofC and KotHS, I’ll be disappointed if a funny hat isn’t involved at some point.

Again, for information on the “(cleaned up)” citation concept, see the ASAL post adopting it here.

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.

Stays Pending IPR & “(Cleaned up)”

The issue of whether cases should be stayed pending PTAB review of the patent(s) in suit comes up not infrequently.  A recent opinion provides the most concise statement of what the Court characterized as its “consistent practice” on this point, as well as providing a good opportunity to explain what this “(Cleaned up)” business is all about.

“Cleaned up” is the current practice, hot in #appellatetwitter circles, of replacing extended explanatory parentheticals required by Rules 5.3 and 5.4 of the Bluebook with a simpler parenthetical that simply says “(cleaned up)” to make it more readable.  See #cleanedup.  The practice was recently adopted by the Annual Survey of American Law, which provided a useful explanation of the practice.

Typically I use (Cleaned up) to delete all the included citations in a quote, but preserve the included quotation marks for eau de binding precedent, but the quote in this case provided the opportunity to selectively edit the cites to focus on the money cites and quotes, which is a more elegant use of the tool, in my opinion.

I categorically deny that I am shamelessly pursuing a “Cleaned Up Roll of Heroes” certificate from @SCOTUSPlaces like the attached (although it would be nice.  I’m just saying).