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Month: July 2019

2019 EDTX divisional filing stats

July 31, 2019August 14, 2019 msmithCourt News

A subscriber pinged me the other day asking if I kept track of divisional filing stats behind the Pine Curtain. Indeed I do…

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EDTX in Scotland

July 30, 2019July 30, 2019 msmithCourt News

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.

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Sean Jordan Confirmed to EDTX Bench – Plano

July 30, 2019July 30, 2019 msmithCourt News

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.

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Parity – order on motion to dismiss

July 30, 2019July 30, 2019 msmithTwombly/Iqbal, WDTX Cases

How do Twiqbal motions fare in River City? Inquiring (patent lawyer) minds want to know.

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Alexa, Transfer Venue. Alexa? Alexa?

July 30, 2019July 31, 2019 msmithJudge Amos L. Mazzant III, Sherman, Venue

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.

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Fractus – trial scheduling

July 29, 2019July 29, 2019 msmithJudge J. Rodney Gilstrap, Marshall

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.

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Meet & Confers When You’re All Alone

July 29, 2019July 29, 2019 msmithJudge J. Rodney Gilstrap, Marshall

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?

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Adding parties after the deadline

July 28, 2019July 28, 2019 msmithArcane Pleading Issues, Judge J. Rodney Gilstrap, Marshall

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.

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What a resolved discovery dispute looks like

July 28, 2019July 28, 2019 msmithDiscovery, Judge J. Rodney Gilstrap, Marshall

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.

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And Then There Were Three: EDTX Adds Subject Matter Eligibility Contentions

July 25, 2019July 25, 2019 msmithCourt News, Judge J. Rodney Gilstrap, Marshall, Unpatentable - 35 USC 101

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.

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Welcome!

This website consists of two blogs: (1) EDTexweblog.com – which focuses on practice in the U.S. District Court for the Eastern District of Texas; and (2) TexIPLawBlog.com – which focuses on intellectual property litigation in all Texas federal courts, with special emphasis on patent litigation.

Author

Michael C. Smith Biography EDTexweblog.com is published by Michael C. Smith, the partner in charge of the Marshall office of Scheef & Stone, LLP, where he specializes in complex commercial and patent litigation in federal court. Michael has appeared in over 900 civil cases in the Eastern District of Texas, is a past chair of the district's local rules committee and bar association, and frequently assists clients with preparing and trying cases in the district's courts. He has edited O'Connor's Federal Rules * Civil Trials for the past 20+ years, and writes and speaks frequently on civil procedure, litigation in federal courts, and law office management.
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