Discovery Into Venue Contacts Granted
Judge Payne granted the request, finding that the evidence was sufficient to suggest with reasonable particularity the possible existence of the requisite contacts.
Month: February 2023
Motion To Dismiss For Lack Of Personal Jurisdiction In Tupac Album Cover Case
Judge Boyle granted the motion, finding that she lacked personal jurisdiction over the defendant.
Sua Sponte Stay Postverdict Pending PTAB Proceedings
Judge Gilstrap sua sponte stayed this case – now in the postverdict briefing stage – until the ultimate resolution of each of the re-examination proceedings, noting that all claims at issue in the case are covered by multiple grounds of review in the Patent Office, with some already finally rejected, and resolution expected as early as the spring of 2023. “This is a case specific determination by the Court,” Judge Gilstrap wrote, “and is limited to these particular facts and circumstances.”
Motion To Stay Enforcement / Waive Bond / Reduce Bond Denied
Plaintiff, who Judge Gilstrap had previously concluded “has urged and re-urged unsupported claims, objections, and arguments” asked for relief from the Court’s award of $784,529.16 in attorneys’ fees to Sprint and $489,710.00 in attorneys’fees to Verizon under 35 U.S.C. § 285.
Joint Motion To Amend Standing Order On The Number And Use Of Pre-Admitted Exhibits At Trial
The parties submitted a joint motion to increase the number of per-side exhibits from 30 to 45, noting that it’s a patent case.
Motion To Transfer Venue From Austin To Waco Denied
Judge Yeakel denied the motion seeking a transfer back to Waco, from whence the case originally came, finding “potential mischief” should he do so.
Service Of Process By Facebook Direct Messaging
After finding that the plaintiffs had attempted multiple times to personally serve defendants, the court granted in part the motion for substitute service, and listed several methods which were required as substitute service, including service by Facebook messaging.
What Is Sufficient Notice For Depositions?
That was the issue raised in this order asking the court to determine whether under the facts of this case three days notice of depositions was “reasonable” under the rules.
Motion For Partial Summary Judgment In Rockstar Copyright Case
Plaintiff alleged that Nickelback’s song Rockstar infringed a song he wrote. The court disagreed, finding that there was not a genuine dispute for trial as to copying.
Motion To Stay Pending Re-Examination Denied
The court denied the motion, finding it premature when the proceeding has just begun and no office action has yet been issued.