Started off this morning with the new judges panel pt 1 with Judges Cam Barker and Sean Jordan. Next is Toyota tour/shooting/golf. New Guidebook app for the conference is a big help.
Registration for next week’s bench/bar has already set a record with over 500 attendees, and over 400 are signed up for the dinner at AT&T Stadium. Like a lot of readers, I’m packing up and getting ready. In my case, that means finishing preparations for the panel Wes Hill and I are co-moderating Monday afternoon “Looking Down from Above: What Mere Mortals Could Do Better as Seen from on High.” Our panelists are:
- Chief Judge Sharon Prost, CAFC
- Senior Judge William Bryson, CAFC
- Chief Judge Rodney Gilstrap, E.D. Tex.
- Chief Judge Leonard Stark, D. Del.
Again, for more information on the event, go to https://edtxbenchbar.com/ but here’s the complete schedule. Get a cup of coffee first – this is going to take a while.
Sunday, September 22
6:00 PM–Bench Bar Conference Leadership Muster. (By Invitation)
Monday, September 23
7:00 AM–Breakfast and Photo Session for EDTX Judges.
7:45 AM–Breakfast Opens for All Conferees.
8:30 AM–Looking Behind the Pine Curtain. Secrets from the Newest Chambers of EDTX, Volume 1. Clyde Siebman, Siebman Forrest Burg & Smith, LLP (Facilitator) with Judge J. Campbell Barker, E.D.Tex. & Judge Sean Jordan. E.D. Tex.
9:30 AM–Breakfast Concludes. Social Activities Begin.
9:45 AM–Tour of Toyota Headquarters –Limited Availability. Rosalyn Mitchell,
10:15 AM–Shooting at Frisco Gun Range –From Marksmen to First Time Shooters –From Handgunsto Full-Auto Experience -Darby Doan, Haltom & Doan (Facilitator).Event Sponsor –Haltom & Doan
10:15 AM–Golf at Gleneagles –Chip Molster, The Law Offices of Charles B. Molster, III
12:30 PM –WLED Membership Luncheon –Welcoming Remarks by WLED President ElizabethForrest, Siebman Forrest Burg & Smith, LLP; Vice-President Evelyn Chen, Ericsson and SecretaryAmanda Abraham, The Roth Law Firm
2:00 PM-Opening of the Conference-Clyde Siebman, Eastern District of Texas Bench Bar Conference Chairman; Charles Bundren, Eastern District of Texas Bar Association President; JudgeRodney Gilstrap, Chief Judge, E.D. Tex. and James Brookshire, Executive Director, Federal Circuit Bar Association.Conference Session Chair –Charles Bundren, William Charles Bundren & Associates Law Group.
2:15 PM–Where There’s A Wrong, There’s A Remedy. Looking for Remedies in All the Wrong
3:00 PM–Looking Down from Above. What Mere Mortals Could Do Better as Seen From on High. Wesley Hill, Ward, Smith & Hill & Michael Smith, Siebman Forrest Burg & Smith, LLP (Co-Facilitators); Chief Judge Sharon Prost, CAFC; Senior Judge William Bryson, CAFC; Chief Judge Rodney Gilstrap, E.D. Tex.; Chief Judge Leonard Stark, D. Del. (.5 Ethics)
4:00 PM–The Judges’ Lawyers. Learning from Law Clerks Squawk Box Style. Boone Baxter, Heim, Payne &
5:00 PM–USPTO/PTAB Agglomeration. From Updated Trial Practice Guides and SOPs to Gender Studies on Female Inventors, A Discussion of An Agency on the Move. Hope Shimabuku, RegionalDirector, Texas USPTO (Facilitator); Chief Judge Scott
5:50 PM–CLE Adjourns for the Day. (4.5 Hours of CLE/1.5 Hours Ethics –Day 1)
5:50 PM–Opening Reception Sponsored by StoneTurn Group
7:00 PM–Former Law Clerk Association Membership Reception and
7:00 PM–Buses Depart for Judges and Bar Leaders Dinner (
10:00 PM–Coffee and Cordials with EDTX’s Newest Article III Judges in the Presidential Suite.
10:30 PM -Presidential Suite Remains Open Until Midnight.
Tuesday, September 24
7:30 AM–The Texas Breakfast Opens (Full Hot Breakfast with Texas Cowboy Favorites).Event Sponsor –Findlay Craft, P.C.
Main Track Session Chair –Adam Allgood, Fisch Sigler, LLP.
Non-Patent Track Session Chair –L. Kirstine Rogers, Steckler Gresham Cochran PLLC.
8:45 AM –Exploring Best Practices for SEP/FRAND Litigation. Striking the Balance Between What’s Yours, Mine & Ours. A Sedona Conference Presentation. Matt Powers, Sedona WG10 Chair andWG09 Vice-Chair, Tensegrity (Facilitator); Chief Judge Rodney Gilstrap, E.D.Tex.; Senior Judge James Robart, W.D. Wash.; Eric Hutz, Sedona WG 09 Chair, Reed Smith; Steven Geiszler, Huawei
Non-Patent Track –“Uh. Houston, We’ve Had A Problem” –Criminal Law for Civil Lawyers. ElvinSmith, III, Law Office of Elvin Smith (Facilitator); Josh Russ, AUSA, Civil Chief, E.D. Tex.; Shamoil Shipchandler, Jones Day, Former Regional Head of U.S. Securities and Exchange Commission; Nathaniel Kummerfeld, AUSA E.D.Tex. (.5 Ethics)
9:35 AM–Anti-Trust Implications on the Enforcement of Patents. Rock-Paper-Scissors, When Can a Statutory Prohibition Trump a Constitutionally Granted Monopoly? Max Ciccarelli, Thompson &Knight (Facilitator); Brian Pandya, Deputy Associate Attorney General, U.S. Department of Justice
Non-Patent Track –Magic Keys to Representing Your Client in Criminal Cases in E.D. Tex. Ernest
10:25 AM-Refreshment Break.
10:45 AM-Does Section 101 Need Fixing? Who Should Fix It? What Else Needs
Non-Patent Track –Qui Tam/False Claims Act: He Who Sues for the King …as Well as For Himself —The Modern-Day Privateers. Judge Jeremy Kernodle, E.D. Tex. (Facilitator); Judge Marcia Crone, E.D.Tex.; James Gillingham, AUSA, E.D.Tex.; Karen Glassman, Health & Human Services Office of
11:35 AM–A Fireside Chat with Members of the Federal Circuit: George Pappas, Covington & Burling LLP (Facilitator); Chief Judge Sharon Prost, CAFC; Judge Richard Linn, CAFC; Judge RichardTaranto, CAFC and Senior Judge William Bryson, CAFC.
Non-Patent Track –“Hello. I Think Our Customer’s Bank-Account Records Were Just Stolen” – Cyber-Security and How the Lawyer Should Respond Including Relevant Professional Responsibilities. Camelia Lopez, AUSA, Senior Legal Counsel and Cyber Chief, E.D.Tex. (Facilitator)
12:15 PM-Non-Patent Track -Exercising Prosecutorial Discretion. Practical and EthicalParameters and Priorities for Doing Justice from Cyber Crimes and Trade Secrets to Fraud and OtherWhite-Collar Wrongs. Joseph Brown, United States Attorney, E.D. Tex. (Facilitator); Heather Rattan
Joint Programming –Both Tracks Conference Session Chair –Melissa R. Smith, Gillam & Smith LLP.
12:45 PM–Lunch Presentation: Social Media. Is There Garbage or ValuableEvidence in Those Posts, Chats
2:00 PM–Demonstratives: A Scientific Approach Including Concepts of Visual and Auditory Learning –Britta Erin Stanton, Focal Point (Facilitator); Chrysta Castaneda, The Castaneda Firm; Jennifer Truelove, McKool Smith; Judge Caroline Craven, E.D. Tex.; Chris Schwegmann, Lynn Pinker Cox and Hurst, LLP; Ranga Sudarshan, Covington & Burling, LLP and Clint Townson, PhD., The Focal Point.
2:45 PM–Are Jury Trials Homogeneous? The Practices, Customs and
3:30 PM–Refreshment Break.
3:50 PM–Looking Behind the Pine Curtain. Secrets from the Newest Chambers of EDTX, Volume 2. Clyde Siebman, Siebman Forrest Burg & Smith, LLP (Facilitator) with Judge Jeremy Kernodle, E.D.Tex. & Judge Michael Truncale, E.D. Tex.
4:35 PM–Insights of Former E.D. Tex. Jurors. Going to the Horse’s Mouth. Interviews with Actual Jurors from Closed Cases. Janis Clements, Greenberg Traurig; Elizabeth Forrest, Siebman Forrest Burg& Smith, LLP & Andrea Williams McCoy, Siebman Forrest Burg & Smith, LLP Followed by Interactive Discussion Including Chief Judge Rodney Gilstrap, E.D. Tex.; Judge Nicole Mitchell, E.D.Tex.; Jeffrey Bragalone, Bragalone Conroy, PC; Elizabeth “Betty” DeRieux, Capshaw DeRieux, LLP
5:45 PM–CLE Adjourns for the Day. (8 Hours of CLE -Day 2)
6:00 PM–Buses Available for Loading for 6:40 PM Sharp Departure to AT&T Cowboy Stadium.Note: Check in for the Texas Judicial Dinner Will Occur at Loading of Buses
6:40 PM-Buses Promptly Depart Hotel for AT&T Cowboy Stadium.
7:15 PM–The Texas Dinner in Honor of the Judiciary and the Seventh Amendment –AT&T Cowboy Stadium. Reception and pre-dinner self-guided tours of
8:15 PM-Call to Order -Master of Ceremonies Scott Murray, Emmy Award-Winning Sportscasterand Broadcast Journalist; National Anthem & Patriotic Cowboy Music Monte Warden, Lead Vocalist& Song Writer, The Wagoneers
8:30 PM-Dinner & Conversation
9:00 PM–Presentation by Special Agent Javier Pena, Retired, DEA & Special Agent Stephen Murphy, Retired, DEA, Tell Their Real-Life Stories Behind the Netflix Television Series Narcos, Which Chronicles the International Cocaine Trade Inside Colombia and the Taking Down of Pablo Escobar, as We
9:40 PM–9:55 PM-Keynote Remarks from the Honorable Dr. Nestor Humberto Martinez, Former Attorney General, Republic of Colombia Special Presentation by the United States Attorney’s Office EDTX. Keynote Presentations Facilitated by Brit Featherston, Executive Assistant U.S. Attorney, E.D. Tex
10:15 PM–Annual Toast in Honor of the 7th Amendment -EDTX Bar President CharlesBundren & Bench Bar Chairman Clyde Siebman10:30 PM–First Bus Departs for Hotel When Full.
11:00 PM-Last Bus Departs for Hotel.Presidential Suite Opens until Midnight Thirty for Night Caps.
Wednesday, September 25
7:00 AM –8:30 AM–Texas Buffet Breakfast, A Touch of Tex-Mex –All Conferees Event Sponsor –Baker Botts
7:30 AM –Judges Only Breakfast with EDTX Local Rules Advisory Committee
7:30 AM –EDTX Bar Association Board of Director and Membership Breakfast Meeting
Non-Patent Track Session Chair –Lisa Flournoy, Flournoy & Flournoy
Main Track Session Chair –E. Glenn Thames, Jr., Potter Minton PC.
8:30 AM–General Counsel Panel. What Annoys and What Brings Joy? Leading General CounselAddress Topics Ranging from Law Firms to Courts. Hilda Galvan, Jones Day (Facilitator); JasonCohen, General Counsel, Dallas Cowboys; Lanesha Minnix, Senior Vice President & Chief LegalOfficer, Flowserve Corporation, Sandra Phillips Rogers, Group Vice President, General Counsel,Chief Legal Officer and Chief Diversity Officer, Toyota North America, Inc. and Hiram Sasser,General Counsel, First Liberty Institute
Non-Patent Track –Digital Millennium Copyright Act. Title 17 U.S.C. 1201 et seq. Civil Remedies to Criminal Penalties. What’s the Worst Thing That Can Happen if You “Crop” the © From anInternet Photo? Alexandra McNicholas Bernier, Career Law to Judge Keith Giblin E.D. Tex
9:20 AM–E-Discovery from Preservation to Proportionality. How to Keep the Cost from Swallowing the Right to Trial by Jury? Rosalyn Mitchell, Managing Counsel, Toyota Motor NorthAmerica, Inc. (Facilitator); Judge Kimberly Priest Johnson, E.D. Tex.; Judge Andrew Peck, S.D.N.Y.
Non-Patent Track –A View from the Top. Judges Reflect on Criminal Law Best and WorstPractices. Ryan Gertz, The Gertz Law Firm (Facilitator)
10:10 AM-The Impact of People, Processes & Technology on E-Discovery. Using Technology to Sort Through the Haystack. Joey Seeber, CEO of Level 2 Legal Solutions (Facilitator)
Non-Patent Track –Fundamentals of Trademark Infringement as Punctuated in Buc-ee’sLitigation. Is That Big Beaver a Bully, or Just Building a Dam Around Its Lawful IP Rights? DoneanSurratt, Orgain, Bell & Tucker, LLP (Facilitator); H. Tracy Richardson, III, Deputy General Counsel &Head of Litigation, Buc-ee’s Ltd.; Stephanie Barnes, Attorney at Law; Charles Hanor, Hanor LawFirm & Professor of Law, St. Mary’s University School of Law; Jeannie Heffernan, Kirkland & Ellis,LLP and Brian Resler, Assistant Deputy Chief for Litigation, Computer Crime and
10:55 AM –Refreshment Break
Joint Programming –Both Tracks Conference Session Chair -Jennifer Ainsworth, Wilson, Robertson & Cornelius, PC.
11:10 AM–Best Practices for Getting to Yes. Mediation Strategies and Tactics Through
11:55 PM-If I Could Put Time in a Bottle & Other Innovative Things. A Discussion of Timed Trials, Mini-Openings, Interim Arguments, Striking Through the Panel and Jurors Who Ask Questions. Mike Jones, Potter Minton PC (Facilitator); Chief Judge Rodney Gilstrap, E.D. Tex.; Judge Amos Mazzant, III, E.D. Tex.; Judge William “Trey” Schroeder, III, E.D. Tex.; Jennifer Doan,
12:45 PM–Lunch Program. What Do You Do When You Find Out the Key Piece of Evidence Used to Win at Trial Was Fabricated—ahh Totally Made Up? (LBDS Holding Company, LLC v.ISOL Technology, Inc. 6:11-CV-428) The Story and Ethical Practice Pointers as Told by Those Who Actually Lived It. James Walker, Cole Schotz (Facilitator/Narrator/Panelist); Sanford Warren, WarrenRhoades and Chad Everingham, Akin Gump. (1 Hour Ethics)
2:00 PM-Presentation of the Hannah Award, Charles Bundren, President of E.D. Tex. Bar Association, William Charles Bundren & Associates; Judge Judith Guthrie, Retired, E.D. Tex.; Judge David Folsom, Retired, E.D. Tex.
3:15 PM–Defining and Protecting Corporate Crown Jewels from Civil Litigation to Criminal Prosecution: A Discussion of Trade Secrets Litigation/Prosecution in E.D. Tex. and Beyond. Robert Kantner, Jones Day (Facilitator/Panelist); Judge Robert “Trey” Schroeder, E.D.Tex.; Elizabeth Chiaviello, Morgan Lewis & Bockius LLP; Joe Cleveland, Brackett & Ellis, P.C.
4:00 PM-Conference Concludes (6.75 Hours of CLE/1 Hour Ethics -Day 3)
Joint Meeting of
5:00 PM-Opening Remarks Including Thoughts on Best Inn Practices for Reaching Young Lawyers.
5:15 PM-Remarks from Judge Richard Linn, CAFC on Professionalism, State of the Alliance and
6:00 PM-Reception and Dinner.
8:00 PM-Meeting Adjourns
I didn’t have time this afternoon to come up with a crossreference to a case, but I wanted to post a picture of our pretty new awning at our firm’s office at the Hub in Marshall.
It replaces our 2010 one, which had dark green stripes to match the facade color we started with in 2010. As I have mellowed, so has the Hub and what was once kelly green is now light olive.
To celebrate our three-peat as Marshall-Harrison County Literacy Council spelling bee champs this afternoon on behalf of the Marshall Chamber of Commerce, let’s look at an order involving a plaintiff whose name I can’t spell.
A Marshall jury in Judge Gilstrap’s court found the asserted claims invalid and not infringed yesterday evening. Spectators found the new courtroom benches to have excellent lumbar support.
We read opinions in other cases to better understand the rationale for a decision. This opinion provides insight into when cases filled in Waco will be transferred to Austin.
Across the street from the Old Stone Fort on the Stephen F. Austin State University campus in Nacogdoches, Texas sits the brand-new Cole STEM center. I am fortunate to be spending the day in this beautiful facility at the pro bono intellectual property workshop for East Texas inventors and entrepreneurs that’s being jointly presented by the U.S. Patent and Trademark Office and the State Bar of Texas IP Section.
The pro bono program is designed to provide basic information on securing patent and trademark rights, and includes both substantive presentations, small group meetings to focus on specific topics, and short one-on-one consultations with intellectual property lawyers.
The program just kicked off with introductions from Joe Cleveland for the Section and Jacob Choi for the USPTO before starting with an IP overview by Dr. Shubha Ghosh, which is what’s happening now.
We’ll cover IP generally, and patent law and patent prosecution basics first, then move into trademarks, and PTO systems (remote filing and prior raft searching). We’ll then have breakouts by IP type including software, mechanical/electrical and consumer products.
After that, we’ll have one-on-one sessions with the IP lawyers in attendance, which is why I and a number of other Texas IP practitioners are present – to answer attendees’ questions about the system and the process. (I even brought my patents for show and tell).
The IP Section and the USPTO have successfully presented this program to underserved communities across Texas in Corpus Christi, the Rio Grande Valley, Fort Worth, El Paso and Waco. A pro bono tour to Lubbock is scheduled for spring 2020.
Joe Cleveland, chair of pro bono tour, tells me that without exception, every lawyer who has participated in the program has greatly enjoyed the opportunity to give back to our community in such a unique and significant way, and although it’s only 9 am I can understand why.
I had a hearing in a patent case in Dallas Monday morning after Sunday’s afternoon’s game, which gave me an excuse to ride the train home to Marshall Monday afternoon.
The time was same as a drive (including a stop for dinner), but I had time to work, nap, read, and tell my companions in the dining car more than they wanted to know about Marshall’s train history. (They were nice enough to make sure I got off at my stop).
Disappointingly, we didn’t stop at Buc-ee’s. Amtrak needs to look into that.
Following a Markman hearing and supplemental briefing, the Court issued this opinion finding four of the asserted claims indefinite.
I am pleased to report that the September issue of the State Bar of Texas Intellectual Property Law Section’s quarterly TIPSheet newsletter is out. It’s the first since I assumed the duties of editing it, and I’ve enjoyed the process and look forward to getting to work on the December issue. Don’t worry – no bad jokes or arcane historical references. (Yet).
In addition to Section news and information, it features a substantive article on tomorrow’s Pro Bono IP Workshop in Nacogdoches, which I’ll be attending to fetch drinks for the real patent lawyers, as well as one on recent amendments to the Texas Citizens Participation Act (TCPA)—also known as the Texas anti-SLAPP statute.
Section members get an email with a link to the individual articles and sections – the link below is the entire newsletter in one file. I hope you enjoy it.