Happy New Rulebook Unboxing Day

Wonderland and the downtown ice rink in Marshall – as shown in the watercolor by Carol Pace – are nice and everything, but our favorite holiday at the Scheef & Stone office in Marshall is of course the delivery of our editor’s copies of the new O’Connor’s Federal Rules, which came in yesterday.  Happy New Rulebook Unboxing Day for those who celebrate.

Forum Selection Clause Didn’t Cover Patent Infringement

Taking her turn on the Waco Division patent case wheel earlier this week, Chief Judge Alia Moses denied a motion to transfer, concluding that the forum selection clause entered into by the parties in an Agreement for Business Discussions was enforceable, but didn’t cover claims of patent infringement. The court granted venue discovery for the plaintiff to respond to an anticipated renewed motion to dismiss for improper venue if one was filed (the current one was denied without prejudice).

WSOU JMOL #2: The Perils of Claim Construction at Trial

Several weeks ago I posted on Judge Albright’s grant of JMOL against plaintiff WSOU during a trial in October (he did the same thing against the same plaintiff in a trial in February). The written opinion on WSOU JMOL #2 came out yesterday and explains the Court’s rationale, which was based on a claim construction issue that arose during trial.

December Marshall Patent Status Conferences

Okay, this was technically not during yesterday’s scheduling conferences, but the courtroom was nearly as crowded. Some 39 lead cases involving 62 cases received Markman and trial settings at the bimonthly scheduling conferences yesterday. But attorneys were not required to appear wearing lights (which is a requirement for participating in the annual Christmas parade. At least if you want to win in your category).

Entropic? Summary Judgment Grants and Denials in Marshall


Probably in the eye of the beholder whether these rulings were a positive development, but they definitely decreased entropy in this case brought by Entropic Communications. Judge Payne (1) granted the plaintiff’s motion for summary judgment of no invalidity as to certain prior art defenses (which just FYI isn’t the same thing as a judgment of “validity”); (2) granted the plaintiff’s motion for summary judgment as to the defendant’s Section 101 defense; and (3) denied the defendant’s motion for summary judgment of invalidity.


Party Ordered to Attend Trial


Everything is filed under seal, so all we know for certain is that (1) the plaintiff officer / counterclaim defendant didn’t show for the hearing on the motion for sanctions last week; and (2) Judge Payne has now required him to attend trial next month or face contempt or other sanctions. But I can add a little to the barebones order that issued Sunday – media reports that it’s unclear what the sanctions request was based on just means they didn’t know where to look.  It appears it won’t be a dull day in Marshall.