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Month: September 2020

MTD and DQ Shots Fired in NRA Case

September 30, 2020February 15, 2021 msmithDisqualification, Motions to Dismiss, NDTX, TEXIPLAWBLOG

Photo by Bjoertvedt – CC 3.0

This dispute between the National Rifle Association and its former PR agency has already spun off these Rule 12 and pair of disqualification orders.

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Marshall Patent Scheduling Conferences – September 2020

September 30, 2020September 30, 2020 msmithEDTEXWEBLOG, EDTX IP, Marshall, Status Conference Reports, TEXIPLAWBLOG

More data on current trial settings.

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Postverdict Motions

September 29, 2020September 30, 2020 msmithCommentary, EDTEXWEBLOG, JMOL rulings, TEXIPLAWBLOG

But if we’re analogizing procedural motions to food, nothing says Thanksgiving dinner like JMOLs – so here’s David Coale’s latest slide show on postverdict motions from the State Bar’s Advanced Civil Appellate Course.

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Motions to Compel Production

September 29, 2020September 29, 2020 msmithDiscovery, EDTEXWEBLOG, EDTX IP, Judge Roy S. Payne (USMJ), Marshall, TEXIPLAWBLOG

On the other hand, motions to compel are the biscuits and gravy of the patent litigation world, as shown by this case.

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Standards for Amending Invalidity Contentions after Markman

September 29, 2020September 29, 2020 msmithAmending Patent Contentions, EDTEXWEBLOG, EDTX IP, Judge Roy S. Payne (USMJ), Marshall, TEXIPLAWBLOG

Amending contentions after the Markman ruling are widely viewed as the lemon lavender doughnut holes of procedural issues in patent litigation – delicate, uniquely seasoned, and tasty.

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Copyright & DMCA Summary Judgment

September 29, 2020September 29, 2020 msmithCopyrights and Trademarks, SDTX, Summary Judgment, TEXIPLAWBLOG

They’re at it again on that map, this time with competing SJ motions on the copyright and DMCA causes of action.

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Franchise Agreement Findings/Conclusions & Award of Fees and Expenses

September 28, 2020September 28, 2020 msmithAttorney Fees, Copyrights and Trademarks, Court Costs, SDTX, TEXIPLAWBLOG

Following a bench trial, Judge Gilmore issued findings & conclusions and awarded fees and expenses in a case involving the termination of a franchise agreement.

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Specific Personal Jurisdiction in IP Cases

September 28, 2020September 28, 2020 msmithEDTEXWEBLOG, EDTX IP, Judge Roy S. Payne (USMJ), Marshall, Personal Jurisdiction, TEXIPLAWBLOG, Venue

This case sets out the standards for specific personal jurisdiction and venue in a non-patent IP case.

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Amending Invalidity Contentions

September 25, 2020February 10, 2021 msmithAmending Patent Contentions, SDTX, TEXIPLAWBLOG

Same fracking case. Is there sufficient diligence for a finding of good cause to amend?

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Galveston Fracking Markman

September 25, 2020September 25, 2020 msmithClaim Construction, Indefiniteness, SDTX, TEXIPLAWBLOG

Sounds like someone’s frustrated, doesn’t it?

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Welcome!

This website consists of two blogs: (1) EDTexweblog.com – which focuses on practice in the U.S. District Court for the Eastern District of Texas; and (2) TexIPLawBlog.com – which focuses on 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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