Personal jurisdiction
Well, the blue heron appears to be outside the jurisdiction of the pond today. The defendants couldn’t say the same thing after reading this order.
Month: March 2020
“This trial was not perfect. No trial is.”
Section 285 orders aren’t quite as scary as they were a few weeks ago, but they’re still worth studying to see what conduct crossed the line.
New trial on remand
I recall a district judge, who will remain nameless, once saying that he didn’t mind seeing the word “reversed.” It was the “and remanded” part that he hated. This case shows why.
Motion to Modify DCO, But With a Twist
Yes, we binged Daniel Craig Bond this weekend, but it provides a metaphor for this new twist on the usual COVID-19 order. Maybe we could call it a “Vesper” order …
First to file rule and personal jurisdiction
This order resolved the dispute over the applicability of the first to file rule to a case where there was an issue regarding personal jurisdiction.
Shorter extension granted, for now
The court granted one extension, but denied another, citing the rapidly changing landscape regarding COVID-19. Meanwhile, the azaleas are in bloom.
Judge Albright hearing procedures during WFH
Judge Albright has issued procedures for how he’s conducting hearings (including Markman hearings) during the current environment.
All hearings on the Waco docket will continue as scheduled, but will occur telephonically. The Court will provide a call-in number, but the parties need to have a backup number just in case. Because in some cases several cases are set, you should dial in ten minutes before your hearing, but since multiple cases may be set, wait till your case is called to announce. (Be sure to put your phone on mute, and enjoy the show. Popcorn optional, but recommended).
PowerPoint slides. Your PowerPoint slides can WFH as well. If you want to use slides, email them to the Court 24 hours before the hearing. If both sides want to use slides, work out a time and email them at the agreed time at least that far out. If you don’t email slides at least 24 hours, the Court assumes you don’t want to use them.
Markman hearings. There is an exception to the 24 hour rule. You’ll get preliminary constructions from the Court before the hearing. Your slides are due within 6 hours of receiving those preliminary constructions. So you might want to make sure everyone on the Markman team is available the evening before the hearing to refine the slide deck based on the constructions, just in case.
Ed. note: I’d be sure to number your slides so you can direct the Court to the one you’re using. A surprising number of people don’t put numbers on their slide decks, which isn’t fatal at live hearings, but will be on a telephonic one.
Everyone stay safe out there.
I’m A Wiser Man This Morning
Mr. Sam’s famous quote about why he changed his mind about LBJ being JFK’s running mate in 1960 also applies to amending patent contentions. You, too, can be a wiser patent practitioner after reading this order by Judge Albright.
JMOL & Fees Rulings in Breach of Patent Royalty Agreement Case
This sunny day I’m celebrating my tulip poplar’s budding out with these JMOL rulings (including lots of interesting fees discussion) following a jury verdict.
Zoom Teleconferencing “Cheat Sheet”
A lot of us are spending time on Zoom teleconferencing these days. Craig Ball has a cheat sheet on Texas Bar Blog on how to do it better. Or you could just ask your teenage kids.