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Month: May 2020

Injunctive Relief

May 14, 2020May 14, 2020 msmithInjunctive Relief, Judge Amos L. Mazzant III, Sherman

If you need to know the procedural steps for obtaining a TRO, extending it, and then obtaining a preliminary injunction, this is a pretty good primer.

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Are We There Yet?

May 14, 2020May 15, 2020 msmithMarshall, WDTX Cases

A couple of changes on the June trial front – appears we may have a couple of jury trials starting in June after all in both Marshall and Waco. But no, Collin, we’re not there yet. Why didn’t you bring your charger?

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Supplemental Expert Reports

May 13, 2020May 13, 2020 msmithDamages, Experts, Judge Roy S. Payne (USMJ), Marshall

Parties’ fights on the eve of trial often focus the propriety of supplemental expert reports. That is certainly the case with respect to this order on one of the cases set for trial in Marshall on July 6.

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Judges on COVID-19

May 13, 2020May 13, 2020 msmithCommentary

Many judges are talking about the effect of the virus on their courtrooms in online CLEs – for example this afternoon I’m watching Judges Albright (WDTX) and Moye (Dallas 14th) from the comfort of my office, and studying notes from other panels yesterday.

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June patent trials?

May 12, 2020May 12, 2020 msmithCOVID-19, Marshall, WDTX Cases

A recent general order from the chief judge of the WDTX and a review of recent docket activity indicates that we might not be seeing any June patent trials after all.

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Motion to Disqualify Expert

May 12, 2020May 12, 2020 msmithExperts, Judge J. Rodney Gilstrap, Marshall

The issue presented in this motion was whether a party could use an expert who was alleged to have had access to confidential information regarding the defendants in a prior consultancy.

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Motion to Compel Stricken

May 12, 2020May 12, 2020 msmithDiscovery, Judge J. Rodney Gilstrap, Marshall

a/k/a how not to file a motion to compel.

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Amending Contentions Under § 295

May 11, 2020May 11, 2020 msmithAmending Patent Contentions, Judge J. Rodney Gilstrap, Marshall

So how’d you spend your weekend? I made (Brennan’s) Eggs Benedict and mimosas for my wife for Mother’s Day and built a 3/10″ command module. Oh, and read an interesting case on amending contentions under 35 U.S.C. § 295.

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Pre-Markman Summary Judgment Proceedings

May 11, 2020May 11, 2020 msmithSummary Judgment, WDTX Cases

Exceptions to the default order of things are always interesting, aren’t they?

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Representative claim charts

May 8, 2020May 8, 2020 msmithAmending Patent Contentions, WDTX Cases

When a claim chart can apply to multiple accused products is an issue that comes up occasionally in patent litigation. This order provides an exemplar of how this issue is sometimes addressed.

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Welcome!

This weblog focuses on two things: (1) practice in the U.S. District Court for the Eastern District of Texas; and (2) 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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