No cases this morning – in San Antonio for State Bar of Texas board of directors meeting. EDTX Judge Michael Truncale is our federal courts liaison this year, so he might assign me some reading to keep me out of trouble…
The DND door hangers are getting a workout today. As are some patent infringement claims.
Do willfulness claims play a role in persuading juries on infringement? Do courts take a harsh view towards factual shortcuts and briefing? Inquiring minds heard last week.
Someday you may need to know this.
The fact that the motions to dismiss were joint and there was a lack of bad faith filing by plaintiff was important.
The court found the patent is directed to an abstract concept, and that there were insufficient facts pleaded to avoid dismissal (without prejudice).
For one thing, the amount. For another, the language regarding a stay.
The issue was whether the defendant could assert counterclaims already presented in another case.
The court concluded that the defendant substantially complied with the court’s preliminary injunction.
More indefiniteness arguments and “plain and ordinary” analysis.