More Pretrial Rulings on Experts
Prior to holding a hearing on seventeen dispositive motions and 62 disputed limine motions, the Court issued this order resolving seven of the motions, all addressed to expert testimony.
msmith
Counterclaims for Patent Infringement
This is an interesting opinion which deals with how a patent defendant’s counterclaims of infringement against a plaintiff are fitted into the existing case.
Weblog Renewal Tips
People sometimes email me with technical issues renewing a subscription, and most are to the effect that either they get a “PayPal not working” message or that they did not want to use PayPal to renew, and thought they had to. Actually PayPal is not the vehicle for renewing – the site accepts credit cards (and we can do direct payment as well). I haven’t been able to identify the source of the error referring to PayPal (which is involved, but not on the subscriber side) but the remedy is a simple one. Just go to the Register page (top right corner of blog home page) at https://edtexweblog.com/signup.php and input your information there. Everyone I’ve sent to that page has had no trouble completing their renewal. If the same user ID and password are used it links to the existing account, but if not, no worries – it just creates a new one. If you still have problems, email me at michaelsmith@siebman.com and I’ll straighten it out.
Local Counsel Motion Signature Requirement
This order contains various rulings following a show cause hearing in a patent case, including the requirement that future motions by a party in that case must be signed by their local counsel.
“Sweet, crazy and little” – Marshall Justice of the Peace Named 2019 Judge of the Year
We actually do have state court judges in Marshall as well, and one, Harrison County Precinct 4 Justice of the Peace Nancy George, was recently named Texas Judge of the Year for 2019 by the Texas Justice Court Judges Association (JCJ).
Judge George has worked in the justice court in Harrison County since 1987, serving as a court clerk until 2000, when she took the position vacated by her mother, longtime JP Pearl Schnorbus.
“This year’s judge of the year is sweet, crazy and little,” said Misty Beaty, chairperson of the JCJ scholarship and awards committee. “She is always willing to help. No matter where the help is needed or who may need the help, Nancy is ready.” JCJ president David Pareya agreed. “She may be small in stature, but her heart and enthusiasm are as big as Texas.”
So when have have your hearing for that traffic ticket you got speeding so you weren’t late for a hearing in Judge Gilstrap’s court in Marshall, this is the nice lady you’ll be dealing with. Be sure to tell her congratulations, and that Michael and Jamie said that they got two out of three right.
Answering After A Motion to Dismiss
Does the filing of a motion to dismiss extend the defendant’s time to answer the rest of the complaint? Inquiring minds wanted to know, and this opinion from Judge Gilstrap aligns him with the majority rule on the question.
From Waco to Austin
I-35 from Waco to Austin will teach you patience. A graduate of both UT Austin and Baylor in Waco, I have done it many times, most recently last Thursday and Saturday. It appears the plaintiff in this case will be doing it over the next year after Judge Albright transferred this patent case from the banks of the Brazos to those of the Colorado.
It’s the Specification …
Some Markman hearings are just more memorable than others. Mine Friday in Judge Albright’s court involved a missing patent, technology that wouldn’t work, phone screen sizes, and a search for magic words that rivalled Jonathan’s frantic search from the Egyptian Book of the Dead in The Mummy (the good one). So Hootash im Ahmenophus everybody, and let me explain what I mean.
Unopposed Motion to Redact Denied
It’s still almost as common as not for parties to ask the Court to redact confidential business information after the fact rather than at the time of the hearing or trial, despite a standing order in some EDTX courts requiring the latter. This is the latest order addressing that issue.
Claim Constructions From the Brazos
Practitioners in the Eastern District of Texas are familiar with the practice of some judges to provide preliminary claim constructions shortly before a hearing, or in some cases shortly after. The latter procedure was one followed by Judge Albright in this case – sort of.