February 2021 – Michael C. Smith's Eastern District of Texas Blog

Motion to Transfer/Motion to Dismiss

February 26, 2021February 26, 2021 msmithMotions to Dismiss, TEXIPLAWBLOG, Venue, WDTX, WDTX Cases

The defendant sought transfer and to dismiss the indirect & willful infringement claims.

Speaking Of Motions In Limine…

February 25, 2021February 25, 2021 msmithEDTEXWEBLOG, EDTX IP, Judge Amos L. Mazzant III, Limine Motions, Sherman, TEXIPLAWBLOG

This order from Judge Mazzant handles the rulings slightly differently.

VLSI Pretrial Rulings

February 25, 2021February 25, 2021 msmithExperts, Limine Motions, Summary Judgment, TEXIPLAWBLOG, WDTX, WDTX Cases, Willful infringement

The attached order provides a table formalizing the court’s oral rulings made in the case.

Nothing Bundt Cakes Frosting Trademarks & Preliminary Injunctions

February 25, 2021February 25, 2021 msmithCopyrights and Trademarks, EDTEXWEBLOG, EDTX IP, Injunctive Relief, Judge Sean D. Jordan, Sherman, TEXIPLAWBLOG

I can’t write too much about this case – it makes me too hungry.

EDTX Conspiracies as Support for Jurisdiction in WDTX

February 24, 2021February 24, 2021 msmithEDTEXWEBLOG, Personal Jurisdiction, TEXIPLAWBLOG, WDTX, WDTX Cases

Personal jurisdiction jurisprudence is admittedly getting weirder these day. But it’s not this weird.

USPTO to hear public feedback on implementation of the Trademark Modernization Act (TMA)

February 24, 2021February 24, 2021 msmithCommentary, EDTEXWEBLOG, TEXIPLAWBLOG

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Beginning 1pm ET March 1, the USPTO will listen to public input on issues relating to the implementation of the TMA during a special online roundtable.

If you have opinions on how the USPTO should implement the TMA, please sign up to share your thoughts during the public roundtable. Speaking slots are limited due to time restraints, but many are still available. Comments must relate specifically to TMA implementation and not exceed five minutes in length.

The USPTO will also accept written comments at any time relating to TMA implementation, or any other trademark topic, submitted to TMfeedback@uspto.gov.

After opening remarks and a brief overview of the statutory provisions of the TMA, the USPTO will hear public input. Please keep in mind that the USPTO cannot comment on the substance of the draft implementing regulations until the notice of proposed rulemaking issues through federalregister.gov in the spring.

For more information and to register for the roundtable, please visit the TMA roundtable event page on the USPTO website.