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Month: October 2020

Substitution of Parties

October 29, 2020October 29, 2020 msmithCopyrights and Trademarks, TEXIPLAWBLOG, WDTX, WDTX - Austin

Courtroom. Old U.S. Court House, Austin, Texas – Photo: Carol M. Highsmith

What do you do when a party dies while a case is pending?

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Attendance at Trial & Virus Provisions

October 29, 2020October 29, 2020 msmithCOVID-19, EDTEXWEBLOG, Judge Robert W. Schroeder III, Tyler

Courtroom – U.S. Post Office and Courthouse, Tyler, Texas – Photo: Carol M. Highsmith

Can a foreign witness attend trial without satisfying the relevant virus tests?

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More Definite Statement

October 29, 2020October 29, 2020 msmithEDTEXWEBLOG, EDTX IP, Judge Roy S. Payne (USMJ), Marshall, Motions to Dismiss, TEXIPLAWBLOG

Judge Payne’s order addresses the defendant’s claim that the plaintiff’s complaint didn’t have enough detail to put it on notice.

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Exceptional Case Award

October 29, 2020October 29, 2020 msmithExceptional Case award - 35 USC 285, NDTX, TEXIPLAWBLOG

Still the Old Dallas Post Office and Court House

Judge Lynn reviewed objections to an award of fees in this exceptional case.

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Court Costs – Depositions

October 29, 2020October 29, 2020 msmithCourt Costs, NDTX, TEXIPLAWBLOG

Old Dallas Post Office and Court House

As is often the case, the dispute involves the recoverability of deposition costs.

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SMJ, SJ and PSJ

October 28, 2020October 28, 2020 msmithCopyrights and Trademarks, SDTX, Summary Judgment, TEXIPLAWBLOG

U.S. Custom House, Houston, Texas – Photo: Carol M. Highsmith

Lots of fun issues in this order even though it only granted partial summary judgment.

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Indefiniteness

October 28, 2020October 28, 2020 msmithClaim Construction, EDTEXWEBLOG, EDTX IP, Indefiniteness, Judge Roy S. Payne (USMJ), Marshall, TEXIPLAWBLOG

Judge Payne found a couple of terms indefinite in this Markman order.

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Atlas on Reconsideration

October 28, 2020October 28, 2020 msmithEDTEXWEBLOG, EDTX IP, Marshall, SDTX, Summary Judgment, TEXIPLAWBLOG

Just another opinion from Judge Nancy Atlas in a Marshall patent case.

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Pre-Markman Discovery

October 27, 2020October 27, 2020 msmithDiscovery, TEXIPLAWBLOG, WDTX, WDTX Cases

Every rule has exceptions, including the rule against pre-Markman discovery in WDTX.

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Motion to Compel Mediation

October 27, 2020October 27, 2020 msmithCopyrights and Trademarks, Mediation, TEXIPLAWBLOG, WDTX, WDTX - Austin

The defendant asked the court to compel mediation, suspecting that the plaintiff had not kept his client sufficiently informed.

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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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