Applying CAFC Venue Rulings
A recent venue ruling from Waco applied numerous recent Federal Circuit opinion to the analysis.
Month: May 2022
When You Really Need More Time To Respond
The standards for an extension to respond to motion for summary judgment under FRCP 56(d) don’t get discussed much. But they do here.
Twiqbal/Venue
This motion to dismiss raised issues regarding claim splitting and improper venue which were novel, and issues regarding indirect and willful infringement which were not.
Production Of Documents From Prior Litigation
The issue of the production of documents in prior related litigation was one of several issues taken up by Judge Gilliland in this order.
Motion To Dismiss Inequitable Conduct Counterclaim
The court granted the motion, with leave for the defendant to amend its answer “again.”
Motion To Dismiss Inequitable Conduct & Induced Infringement Defense/Claim
The issue in this SDTX case was whether the court would dismiss the IC and induced infringement claims as not plausible.
Motion To Dismiss for Lack of Personal Jurisdiction or Insufficient Service, Stay, or Transfer
An interesting procedural background to this case, involving a declaratory action in New Jersey which was transferred to Waco.
Postverdict Motions in Optis v. Apple
Judge Gilstrap ruled on defendant Apple’s postverdict motions in this case, which was tried to a jury in August 2020, and later had a damages-only retrial.
Typical Day in the Texas Patent Docket
Morning hearing with sturm und drang before Judge Gilliland on three 500-word discovery dispute submissions in Waco case – afternoon scheduling conferences in Marshall where I announce defendant in one case and plaintiff in the next – and it’s same opposing counsel in both.
Defense Verdict in Waco
Another defense verdict in a patent case in Waco, providing an update to the trial win statistics.