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Month: October 2021

EDTX Magistrate Judge K. Nicole Mitchell (JD ’06) named the 2021 Young Baylor Lawyer of the Year

October 27, 2021October 27, 2021 msmithCourt News

Dean Brad Toben publicly announced Judge Mitchell’s honor at the 24th Annual EDTX Bench Bar Conference.

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Expert orders

October 25, 2021October 25, 2021 msmithDamages, EDTEXWEBLOG, EDTX IP, Experts, Judge Roy S. Payne (USMJ), Marshall, TEXIPLAWBLOG

Two orders excluding experts in part in a case approaching trial next week.

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Last Week in Texas – October 20, 2021

October 25, 2021October 25, 2021 msmithCommentary

Two trials and two patent owner losses. Who said Texas was a plaintiff’s dream? Could 101 be the most powerful invalidity attack in front of the jury? And a venue argument that was too much for Judge Albright. Last week’s podcast here.

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Divisional Transfer to Austin

October 21, 2021October 21, 2021 msmithTEXIPLAWBLOG, Venue, WDTX, WDTX Cases

Granted.  (Yawn). Actually, some very interesting language in here for those following the recent back and forth of venue caselaw.

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Texarkana limines

October 21, 2021October 21, 2021 msmithCopyrights and Trademarks, EDTEXWEBLOG, EDTX IP, Judge Caroline Craven, Limine Motions, Texarkana, TEXIPLAWBLOG

We haven’t got Judge Craven much longer.  So we need to enjoy her rulings while we still can.

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Motion To Transfer To Northern District Of California Granted

October 21, 2021October 21, 2021 msmithTEXIPLAWBLOG, Venue, WDTX, WDTX Cases

Judge Albright transferred one of a number of cases pending in his court in an MDL proceeding. 

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Related Defendants Go 1-1 on Improper Venue Challenges

October 21, 2021October 21, 2021 msmithVenue, WDTX, WDTX Cases

The sub got out.  The parent wasn’t so lucky.

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EDTX local rule changes

October 21, 2021October 21, 2021 msmithEDTEXWEBLOG, General Orders

The court just issued a set of local rule changes, effective December 1.  The changes affect only L.R. AT-2(b) dealing with reciprocal attorney discipline.

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Motion to Strike Damages Expert

October 21, 2021October 21, 2021 msmithDamages, EDTEXWEBLOG, EDTX IP, Experts, Judge Roy S. Payne (USMJ), Marshall, TEXIPLAWBLOG

The court struck three paragraphs and two bullet points. Knowing why helps make sure the same doesn’t happen to my expert.

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“You point out right now the person in this room who you think is brave enough to ask that question upstairs.”

October 18, 2021October 18, 2021 msmithEDTEXWEBLOG, EDTX IP, Judge Roy S. Payne (USMJ), Limine Motions, Marshall, TEXIPLAWBLOG

U.S. District Courtroom – Marshall, Texas – Photo: Carol M. Highsmith 

Um. Okay, I think we’ll drop that motion in limine topic.

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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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