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Month: March 2021

Patent Litigation Dictionary: “Omega”

March 31, 2021March 31, 2021 msmithCommentary

The part of the meet and confer call that is after everyone has decided everyone else is wrong. Usually occurs 3 minutes before the next call is scheduled to begin.

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In yet more local news, the Marshall Starbucks opened yesterday

March 30, 2021March 30, 2021 msmithCommentary, Marshall

Photo From Marshall News Messenger

 

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Judge Albright Pretrial Rulings (New Ones)

March 30, 2021March 30, 2021 msmithDamages, Experts, Inequitable Conduct, Summary Judgment, TEXIPLAWBLOG, WDTX, WDTX Cases

There are not a lot of these since not many cases have gotten to this stage. So these numerous new ones are important.

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Cross-Motions For Summary Judgment On Patent Marking Statute

March 30, 2021March 30, 2021 msmithEDTEXWEBLOG, EDTX IP, Judge J. Rodney Gilstrap, Marking, Marshall, TEXIPLAWBLOG

The bad news is that both motions were denied.  Of course that’s also the good news.

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Motion To Amend To Add Alternative Venue Allegations

March 30, 2021March 30, 2021 msmithEDTEXWEBLOG, EDTX IP, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG, Venue

Following the grant of mandamus requiring transfer, plaintiff asked to amend its venue allegations.

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Waco patent trial #3 continued pending death penalty sanctions request

March 29, 2021March 29, 2021 msmithExtensions/Continuances, TEXIPLAWBLOG, WDTX, WDTX Cases

Here hangs a tale.

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In other Eastern Texas news, apparently we’ve seceded again …

March 25, 2021March 29, 2021 msmithCommentary, EDTEXWEBLOG

Or at least the Harrison County Commissioners Court thinks we have. Bless their hearts.

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Judge Albright Standing Order Regarding Markman Hearings While Venue Motions Are Pending

March 24, 2021March 25, 2021 msmithTEXIPLAWBLOG, Venue, WDTX, WDTX Cases

The order affects the scheduling of Markmans when venue motions are pending.

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Motion To Strike Supplemental Damages Expert Report

March 24, 2021March 24, 2021 msmithDamages, EDTEXWEBLOG, EDTX IP, Experts, Judge Roy S. Payne (USMJ), Marshall, TEXIPLAWBLOG

The court granted a motion to strike the plaintiff’s damages expert’s supplemental report.

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And PMC Makes Three (Hundred and Eight Million Dollars)

March 19, 2021March 19, 2021 msmithEDTX IP, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG, Verdicts

As I thought it might, the jury came back in PMC v. Apple this afternoon – $308 million.

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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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