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Month: June 2022

Dismissal of Bouncy-House Defendant

June 24, 2022June 24, 2022 msmithCopyrights and Trademarks, Motions to Dismiss, Personal Jurisdiction, SDTX, TEXIPLAWBLOG, Venue


This case arises out of a bouncy-house franchise.  In my experience, kids liked the Star Trek theme for the party more than they did the bouncy house.

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Motion For Summary Judgment Of Noninfringement

June 24, 2022June 24, 2022 msmithEDTEXWEBLOG, EDTX IP, Judge Roy S. Payne (USMJ), Summary Judgment, TEXIPLAWBLOG

This short order zeroed in on the “many” disputes of material fact that prevented summary judgment in this case.

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Motion To Dismiss For Improper Venue Granted

June 24, 2022June 24, 2022 msmithEDTEXWEBLOG, EDTX IP, Judge Amos L. Mazzant III, Sherman, TEXIPLAWBLOG, Venue

The court concluded that the defendant did not have a regular and established place of business in the district. 

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Motion To Transfer Venue Granted In Lighting Case

June 24, 2022June 24, 2022 msmithTEXIPLAWBLOG, Venue, WDTX, WDTX Cases

Home Depot sought a transfer to Georgia, where its headquarters is located.

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Lack of Standing

June 24, 2022June 24, 2022 msmithMotions to Dismiss, TEXIPLAWBLOG, WDTX, WDTX Cases

This case deals with whether the plaintiff had sufficient rights when it sued the defendant for patent infringement.

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Order Defaulting Tamales Vacated

June 23, 2022June 23, 2022 msmithSDTX, TEXIPLAWBLOG


You can’t default tamales.  Now there’s a case that says so.

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Remand Standards

June 23, 2022June 23, 2022 msmithRemoval & Remand, SDTX, TEXIPLAWBLOG

I know – why would anyone not want to be in federal court, right?  But if you don’t want to be, here are some old school standards in an old school font.

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FRCP 50(a) JMOL Granted

June 23, 2022June 23, 2022 msmithCopyrights and Trademarks, JMOL rulings, TEXIPLAWBLOG, WDTX, WDTX - Austin

Calm down, it’s a trademark case in Austin.  But I’m serious about the 50(a) part.

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Personal Jurisdiction in Waco When Baylor Sues You

June 23, 2022June 23, 2022 msmithPersonal Jurisdiction, TEXIPLAWBLOG, WDTX, WDTX Cases
My two favorite Baylor graduates. (Sorry, honey)​

Let’s see – this is a claim concerning counterfeit Baylor-branded sporting good products and the question is whether the defendant “purposefully directed” its activities at … Texas.  Hmmm.

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Ya Gotta Try

June 22, 2022June 22, 2022 msmithAlternative Service, TEXIPLAWBLOG, WDTX, WDTX Cases

 

I think the 1989 Concord Blue Devils said it best – ya gotta try.  But this Order Denying Motion For Alternative Service did as well.

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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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