Motion to Stay Granted
In this procedurally complex case, the defendant asked for a stay pending two related cases, and got it as to one.
Month: August 2019
Court Congestion as a Transfer Factor
The issue here was whether the convenience factors favored a transfer, even in spite of the defendant’s delaying asserting the issue until the court congestion factor weighed heavily against transfer.
Post-Deposition Expert Declarations
Expert witnesses deposed, after which they execute additional declarations. Can the declarations be stricken or the witnesses
Renewals
I’ve gotten a couple of calls from subscribers who ran into a link that wasn’t functioning when trying to renew their subscriptions. Just go to the signup link at the top right of the site https://edtexweblog.com/signup.php and click on “individual” “government attorney” or “email only” as applicable. Let me know at michaelsmith@siebman.com if you still have problems.
New Patent Case Procedures in Waco
While Jamie and I were moving Grayson into our new digs on 8th & Cleveland, Judge Albright was a few blocks away on 8th and Franklin changing his patent case procedures. Lots
No, no and (checks notes) no
A case involving suspension of a provider’s Medicare reimbursement payments generated three orders on motions to dismiss, to seal and for injunctive relief from the EDTX’ new judge in Beaumont.
Venue in False Claims Act cases
Ever wonder how venue works in qui tam cases? This order in an EDTX case provides a good overview of the standards.
Claims of Indirect & Willful Infringement and Liberal Discovery Walk Into A Bar
Well maybe not a bar per se, but they’re definitely having drinks together after this order from Judge Albright which also provides insight into his policies regarding discovery, Rule 11, motions for summary judgment, and blindness.
Servers and Venue
This order addresses the venue analysis as it applies to servers in light of Judge Reyna’s dissent in In re Google, and as such, is worth studying.
Artful Turns of Phrase
As he so often does, David Coale over at 600 Camp has found something interesting in a recent Fifth Circuit case. So hop on over and enjoy some artful turns of phrase from Judges Elrod and Willet. You’ll be glad you did.