A subscriber pinged me the other day asking if I kept track of divisional filing stats behind the Pine Curtain. Indeed I do…
I thought I was done for the day, but then I saw a video of Judges Gilstrap and Mitchell from the EDTX leading in the Baylor Law faculty in kilts to begin Baylor’s Academy of the Advocate in St Andrews, and that’s just something I can’t unsee.
In other news, the EDTX’s last vacancy was filled this afternoon when the Senate confirmed Sean D. Jordan. He will sit in Plano, in the chambers originally occupied by Judge Richard Schell.
At 69 pages, this is a lengthy venue ruling, but covers some important ground including the “regular and established place of business” requirement and the convenience factors – the latter in some detail.
Last Thursday I posted on Judge Gilstrap’s order denying separate trials by intervening manufacturer in this case, noting that absent agreement by the defendants to waive their right under the AIA to separate trials, the case would have to proceed one defendant at a time. Then the other shoe dropped.
The EDTX meet and confer requirements before filing a motion are pretty well established, but what if there’s no one on the other side?
Following a hearing, the Court entered this order allowing a party to add a new defendant in a patent after the deadline, and deeming them already served.
I posted a few days ago about a discovery dispute where the Court resolved part and carried part pending a hearing. As expected, the parties resolved the disputes – this sets out what they agreed on.
For right at 20 years, patent practitioners nationwide have been used to providing infringement and invalidity contentions. Now in what may be a nationwide first, the EDTX is rolling out a third set of contentions – subject matter eligibility.