May 2019 – Page 2 – Michael C. Smith's Eastern District of Texas Blog

Marshall Main Street Program Features Hub Offices

May 23, 2019May 23, 2019 msmithCommentary

Marshall’s Main Street Program‘s Mornings on Main with Debbie Parker featured our law offices in the historic Hub building on their If These Walls Could Talk video series on Facebook this morning. It’s an entertaining four-minute introduction to our somewhat idiosyncratic offices (including the “tree house” and hobbit door) in an 1870’s building that served our community as a shoe store for over a century before we repurposed it as a law office.

I think it’s also the first time I’ve talked to Debbie that I didn’t hand her my credit card – she owns a women’s clothing boutique a couple of blocks up North Washington, and I’m married to one of her regular customers.

Motion to Compel Mediation Denied

May 23, 2019May 23, 2019 msmithWDTX Cases

The plaintiff in this case sought an order compelling mediation. Based on the briefing, apparently all the parties are engaging in objectionable conduct, but it didn’t really matter to the outcome – the motion was denied.

Motion to Transfer Venue Based on “First to File” Rule Granted

May 23, 2019May 23, 2019 msmithJudge J. Rodney Gilstrap, Marshall, Venue

Of all the opinions Judge Hall authored while I clerked for him, Texas Instruments, Inc. v. Micron Semiconductor, Inc., 815 F. Supp. 994, 997 (E.D. Tex. 1993) seems to be the most-cited. While the case dealt with several issues, its central holding, that once the “substantial similarity” test is met, the “first-to-file” rule accords the first-filed court the responsibility to determine which case should proceed, was the part of the opinion cited again by Judge Gilstrap earlier this month in transferring a case.

Docket Navigator “Deep Dive Vol. 1”

May 22, 2019May 22, 2019 msmithCommentary

Docket Navigator recently released one of its periodic special reports. This one takes a look at several interesting questions its subscribers have asked, and the detailed analyses they undertook to find the answers. The report is interesting primarily because of the unexpected nature of the questions. Unlike virtually every other report, the questions aren’t the ones you’d most want answers to – but here someone did, and it’s interesting trying to picture why.

Cross-motions for Sanctions Denied

May 22, 2019May 22, 2019 msmithDiscovery, WDTX Cases

The parties filed cross-motions for sanctions arising out of conduct in a deposition, resulting in an order from Judge Albright.

2019 Patent Filing Trends

May 22, 2019May 22, 2019 msmithCommentary

It’s not the end of any logical portion of the year, but I got curious this morning what the patent case filing trends for the year were, so I ran the numbers for some of the more popular districts for readers and here’s what I came up with.

Welcome to the bench Judge Truncale

May 21, 2019May 21, 2019 msmithBeaumont, Judge Michael Truncale

Michael Truncale was sworn in to start work as the newest EDTX judge yesterday in Beaumont. (You can tell because the door says “judge” and he’s holding what appears to be a stack of Bibles)

Preserving Confidentiality Designations

May 21, 2019May 21, 2019 msmithProtective Orders, WDTX Cases

I don’t know what’s in the water in Marshall and Waco these days, but there are protective order issues popping up everywhere for some reason, including this recent one from Judge Albright’s court in Waco.

Claim Construction Report & Recommendation Adopted in Part

May 21, 2019May 21, 2019 msmithClaim Construction, WDTX Cases

Judge Albright issued the attached order adopting the special master’s report & recommendation on claim constructions, with one exception.

Pretrial Conference Orders

May 20, 2019May 20, 2019 msmithCommentary, Judge J. Rodney Gilstrap, Marshall

Pretrial conference orders are usually like watching a golf game. Everything’s normal and quiet, but then once in a while suddenly a kraken comes out of the pond and seizes one of the golfers. Most of the time reading pretrial conference orders are about as exciting as watching golf too – but I keep reading anyway to see if something like the scene in this commercial happens. This order is the result.