What if a Marshall jury invalidates patent claims and the PTAB then holds them not invalid in an IPR?

No, I’m not posing a hypothetical. This JMOL is from the plaintiff’s side, as the jury found none of the asserted claims infringed and three of the four patents’ asserted claims invalid. Then, post-briefing, the PTAB found some of the claims the jury had invalidated not invalid. The order resolving all of this is a useful analysis not just of the usual JMOL and MNT arguments, albeit by a losing plaintiff, but of this rock/paper/scissors question.

Motion for Summary Judgment of No Willful Infringement

A somewhat common summary judgment motion late in patent cases is one that seeks summary judgment as to the plaintiff’s claims of willful infringement. This case provides a useful example of a ruling on such a motion which is, at least in part, aptly summarized by Collin’s shirt – “I Can Only Please One Person Each Day – Today’s Not Your Day (Tomorrow doesn’t look good either)”. Behind Collin is one of the Rose windows at Notre Dame de Paris, which we learned earlier today … are still standing.

Admissibility of Nonretained Expert Testimony

Last month my wife emailed me from the Udvar-Hazy museum outside DC to tell me that our youngest, Parker, had turned into me – he thinks he’s an expert on every aircraft they saw and narrated his way through not one but two Smithsonian museums dedicated to air & space (note the B-17 shirt). His brother Collin’s answer to my question of what he saw at the museum that he liked the most was priceless. “The exit,” he deadpanned.

This order deals with objections to real experts based on a common complaint – that the disclosures were procedurally improper. As we all have to pass that procedural threshold to get expert testimony in at trial, it’s worth seeing what the court thought about the disclosures.

“Trial Procedure in Federal Court” – 2019 Texas Association of Paralegals Conference

I had a really great time Friday afternoon as one of the presenters at TAPA’s 2019 statewide conference, which was held in Longview, hosted by the always overachieving members of the Northeast Texas Association of Paralegals. I presented on the topic of trial procedure in federal court (paper attached – similar to the paper I’m presenting in Austin next month), and at the conclusion of my presentation had a great Q&A with the attendees about different courtroom issues, ranging from “how much of this would apply in Judge Yeakel’s court” to the cons of putting female attorneys at counsel table as window dressing (there are no pros unless you’re the other side). The absolute high point for me was when one of the attendees wanted a selfie with the editor of the federal O’Connor’s. I can die happy now!

Congratulations Lady Bears!

It was a close-run thing at the end after one of Baylor’s “bigs” Lauren Cox went down near the end of the third quarter, and Baylor’s 12 point lead evaporated like claims on the eve of trial. But they hung in there and defeated an outstanding Notre Dame team defending their championship from last year by a single point, 82-81 on an almost last second layup by LSU graduate transfer Chloe Jackson. My mother would have been so pleased (she did the reverse of Chloe, graduating from Baylor and then getting her masters at LSU).

Our herd watched the Lady Bears’ first playoff win as couple of weeks ago in Waco, and only wish we could have been in Tampa last night to celebrate.