Intervenor Seeking Severance
In this interesting case, an intervenor asked the Court to sever the plaintiff’s claims asserted against its customers in a group of consolidated cases and stay the remainder.
Month: July 2019
Pre-suit damages, reply briefs and “bucketing”
Defendants sought summary judgment on pre-suit damages, and got an analysis regarding “bucketing” and some comments on the advisability of changing quotes.
Don’t Spend It All In One Place
Okay, the amount is probably the most interesting thing about this order granting judgment based on a FRCP 68 offer, but it’s still a good reference for how FRCP 68 offers of judgment work.
Motion for Reconsideration of Summary Judgment Denial
Not too long ago I posted on Judge Albright’s denial of a summary judgment motion. He just ruled on the request to reconsider that decision, giving us insight into how he views motions to reconsider.
New courtroom electronics in Marshall
The district courtroom in Marshall got some electronics upgrades recently, and I wanted to flag some of the key changes that you’ll want to keep in mind before traveling here for a hearing or trial.
Stream of Commerce?
It’s always interesting to see where courts are on the “stream of commerce” test when addressing personal jurisdiction issues. Let’s see where we are this month.
Schedule for Briefing Venue Issues
Venue motions are usually filed before the scheduling conference so there’s no mechanism for conducting discovery on them. This order indicates what an appropriate schedule might look like.
Discovery Into Unaccused Products
I thought EDTX caselaw on the issue of discovery into unaccused products was pretty clear, but apparently another case was required.
Advanced PI Seminar – Day 2
Today’s seminar started with tips on use of local counsel, followed by Section 101 developments and injunctive relief in patent cases.
After the morning break we’ll hear as presuit and pretrial pitfalls and indemnification provisions. The judges panel at lunch features Judge Nancy Atlas of the SDTX and Judge Miriam Quinn with the PTAB on copending cases moderated by D.J. Healey.
Day 2 concludes with presentations on the AIA on-sale bar, intentional waiver of privilege and appellate issues in both district court and PTAB litigation. Actually, it concludes with dragging two teenage boys out of their room before the checkout deadline and heading to Waco to hunt for an apartment for our engineering student’s junior year at Baylor, but that’s probably just me.
There’s good news and there’s bad news in this verdict
A Marshall jury in Judge Gilstrap’s court recently returned a verdict in this case involving patent and other claims going both ways.