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Month: January 2022

Motion to Sever

January 31, 2022January 31, 2022 msmithEDTEXWEBLOG, EDTX IP, Judge J. Rodney Gilstrap, Marshall, Stays, TEXIPLAWBLOG

The parties agreed that the lead case should be deconsolidated – they disagreed whether the lead case should be stayed after it went solo.

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Verdict in business dispute case in Tyler

January 31, 2022January 31, 2022 msmithEDTEXWEBLOG, EDTX IP, Judge Jeremy Kernodle, TEXIPLAWBLOG, Tyler, Verdicts

Tyler Federal Courthouse – Photo: Carol M. Highsmith 

A Tyler jury in Judge Jeremy Kernodle’s court found largely for the defendant in this case, after the parties dropped copyright infringement and other claims during the trial.

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You’re not plain, ordinary or limit … are you listening to me?

January 31, 2022 msmithClaim Construction, EDTEXWEBLOG, EDTX IP, Judge Roy S. Payne (USMJ), Marshall, TEXIPLAWBLOG

Sounds like good advice for a teenager, but in this case it was in the form of claim constructions.

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Motion To Transfer To Austin Granted

January 31, 2022January 31, 2022 msmithTEXIPLAWBLOG, Venue, WDTX, WDTX Cases

After balancing the factors, the court decided that Austin had been shown to be clearly more convenient for the Austin Division-based Defendant.

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Claim construction – limiting, plain, but not indefinite

January 31, 2022January 31, 2022 msmithClaim Construction, EDTEXWEBLOG, EDTX IP, Marshall, TEXIPLAWBLOG

Only four terms in this one by Judge Payne.

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Alternative Service – Marshall Style

January 31, 2022January 31, 2022 msmithAlternative Service, EDTEXWEBLOG, EDTX IP, Judge Roy S. Payne (USMJ), Marshall, TEXIPLAWBLOG

Judge Payne granted the motions, which permitted service by electronic mail and FedEx, respectively

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Motion to Dismiss Direct, Indirect and Willful Infringement Claims Granted in Part

January 27, 2022January 27, 2022 msmithEDTEXWEBLOG, EDTX IP, Judge J. Rodney Gilstrap, Marshall, Motions to Dismiss, TEXIPLAWBLOG, Willful infringement

One out of three isn’t bad.

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Request to Vacate Markman Post-Transfer Denied

January 27, 2022January 27, 2022 msmithClaim Construction, SDTX, TEXIPLAWBLOG

The court understands you don’t like the prior judge’s claim construction ruling.  But he’s not vacating it.

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EDVA Claim Construction Special Master Report & Recommendation

January 27, 2022January 28, 2022 msmithClaim Construction, Commentary, WDTX

This R&R from a non-Texas district court is the judicial equivalent of watching game tape.

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Stuck in State Court

January 27, 2022January 27, 2022 msmithEDTEXWEBLOG, EDTX IP, Judge Amos L. Mazzant III, Removal & Remand, Sherman, TEXIPLAWBLOG

Our twins couldn’t escape Spider-Man.  The defendant couldn’t escape state court in this unfair competition claim.

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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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