November 2022 – Michael C. Smith's Eastern District of Texas Blog

Jurisdiction and Venue – Newest developments for selecting, preserving, and challenging a court

November 30, 2022December 8, 2022 msmithEDTEXWEBLOG, Papers/Seminar Presentations, TEXIPLAWBLOG

I am looking forward to my panel with Matt Powers of Tensegrity and Sarah Guske of Baker Botts, this morning at the 23rd Annual Berkeley-Stanford Advanced Patent Law Institute in Palo Alto on the subject of the newest developments in selecting, preserving, and challenging a court. Attached below are the supplemental materials on this topic for attendees and readers that Becca Skupin and I prepared. If you have any questions, ping us at michael.smith@solidcounsel.com or becca.skupin@solidcounsel.com .
2022-APLI-Jurisdiction-and-Venue-Final

The Most Important Venue Mandamus Decision of 2022

November 29, 2022November 29, 2022 msmithEDTEXWEBLOG, TEXIPLAWBLOG, Venue

The 5th Circuit has been largely silent on venue since In re Volkswagen in 2008. But in In re Planned Parenthood, 52 F.3d 625 (5th Cir. 2002) it delivered an unpleasant Halloween present to defendants seeking transfers.

Summary Judgment of Invalidity Granted

November 22, 2022November 22, 2022 msmithEDTEXWEBLOG, EDTX IP, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG, Unpatentable - 35 USC 101

Judge Gilstrap accepted Magistrate Judge Payne’s report and recommendation and held certain claims of the patents ineligible under § 101. (Yes, the county commissioners think they’ve seceded again).

Case Held In Abeyance Pending Jurisdictional Discovery

November 22, 2022November 22, 2022 msmithDiscovery, TEXIPLAWBLOG, WDTX, WDTX - Austin

Judge Yeakel found that the plaintiffs had provided evidence that the defendant may have had specific, suit – related contacts with Texas, which were sufficient to permit jurisdictional discovery.

What Doesn’t Support Attorneys Fees Under Section 285

November 22, 2022February 13, 2023 msmithEDTEXWEBLOG, EDTX IP, Exceptional Case award - 35 USC 285, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG

In an instructive opinion, U.S. District Courtroom – Marshall, Texas – Photo: Carol M. Highsmith

Judge Gilstrap rejected the defendant’s request for fees following a dispositive claim construction ruling.

Order On Objections To Attorneys Fees Award

November 22, 2022November 22, 2022 msmithEDTEXWEBLOG, EDTX IP, Exceptional Case award - 35 USC 285, Judge Robert W. Schroeder III, Marshall, TEXIPLAWBLOG

Photo by Carol M. Highsmith

Judge Schroeder overruled the objections to Magistrate Judge Baxter’s fee award.

Federal Circuit Panel Denies Mandamus in Case Involving Defendant’s Declarant’s Credibility

November 21, 2022November 21, 2022 msmithFederal Circuit Opinions, TEXIPLAWBLOG, WDTX

I don’t usually post on Federal Circuit rulings granting or denying mandamus, but this brief order was important for several reasons.

Motion for Contempt Sanctions Generates $950,000 Sanction

November 17, 2022November 17, 2022 msmithCopyrights and Trademarks, Sanctions, SDTX, TEXIPLAWBLOG

“Throughout this litigation, to label [defendant] as troublesome would be an understatement” is not a good way to start an opinion.

Motion to Compel in Trademark Case

November 17, 2022November 17, 2022 msmithCopyrights and Trademarks, Discovery, TEXIPLAWBLOG, WDTX, WDTX - Austin

Judge Hightower granted in part the motion to compel certain information.

Marshall Patent Scheduling Conferences Show Changes in Filings/Scheduling

November 17, 2022November 17, 2022 msmithEDTEXWEBLOG, EDTX IP, Judge J. Rodney Gilstrap, Marshall, Status Conference Reports, TEXIPLAWBLOG

Today’s Marshall patent scheduling conferences had a couple of surprises for regular attendees.