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Month: August 2021

“[The party’s] silence at the hearing on this was deafening.”

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

The request for transfer to CDCA was denied, since the case couldn’t have been brought there.

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Waco Markman

August 30, 2021August 30, 2021 msmithTEXIPLAWBLOG, WDTX, WDTX Cases

Eight for eight. You know what I’m talking about.

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JMOL on Section 251 “Rule of Recapture”

August 30, 2021August 30, 2021 msmithEDTEXWEBLOG, EDTX IP, JMOL rulings, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG

You don’t see Section 251 issues all that often, which makes this opinion worth studying.

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Exceptional Case Finding (Trademark Style)

August 30, 2021August 30, 2021 msmithCopyrights and Trademarks, Exceptional Case award - 35 USC 285, NDTX, TEXIPLAWBLOG

Like patent litigation, trademark litigation has a statue that permits fees in “exceptional cases”.

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Motion to Dismiss Counterclaims and Impose Sanctions

August 30, 2021August 30, 2021 msmithNDTX, Sanctions, TEXIPLAWBLOG

Old Dallas Post Office and Court House

Could the plaintiff add counterclaims?  Was it sanctionable to challenge them?

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Order Denying Motion For New Trial

August 26, 2021August 26, 2021 msmithJMOL rulings, TEXIPLAWBLOG, WDTX, WDTX Cases

Judge Albright denied the motion for new trial following the defense verdict in this case.

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Motion To Enforce Settlement Agreement

August 26, 2021August 26, 2021 msmithTEXIPLAWBLOG, WDTX, WDTX Cases

Sometimes you don’t have the agreement you thought you had.

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Motion for Fees Under Section 285

August 26, 2021August 26, 2021 msmithExceptional Case award - 35 USC 285, SDTX, TEXIPLAWBLOG

The motion is denied, but counsel’s conduct is “fundamentally unacceptable in civilized society.” Well.

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Motion to Transfer to CDCA

August 26, 2021August 26, 2021 msmithVenue, WDTX, WDTX Cases

Judge Albright concluded that CDCA wasn’t clearly more convenient.

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Improper Venue and Failure to State a Claim

August 26, 2021 msmithTEXIPLAWBLOG, Trade Secrets, WDTX

The court granted the first, but only part of the second.

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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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