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msmith

VLSI v. Intel #1 Reaches Final Judgment

May 12, 2022May 13, 2022 msmithJMOL rulings, TEXIPLAWBLOG, WDTX, WDTX Cases

Judge Albright’s second patent trial has now reached final judgment stage, with orders on multiple postverdict motions.

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Motion To Transfer Venue Granted

May 12, 2022May 12, 2022 msmithTEXIPLAWBLOG, Venue, WDTX, WDTX Cases

Judge Albright granted the motion, finding that the patents have been the product of extensive litigation in another district.

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Interrogatory Subparts in Waco

May 12, 2022May 12, 2022 msmithDiscovery, TEXIPLAWBLOG, WDTX, WDTX Cases

It’s a dirty job, but somebody has to do it.  And you really do want to know how it turned out.

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Summary Judgment Motions Galore

May 10, 2022May 10, 2022 msmithEDTEXWEBLOG, EDTX IP, Judge Roy S. Payne (USMJ), Marshall, Summary Judgment, TEXIPLAWBLOG

Like the expert orders, the USAA case required several pretrial rulings on dispositive issues.

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Motion to Compel Clawed-Back Slide Deck

May 10, 2022May 10, 2022 msmithDiscovery, EDTEXWEBLOG, EDTX IP, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG

The plaintiff sought to compel a slide deck produced by the defendant’s counsel, then clawed back.

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Creatives Uses for Gun Safes

May 10, 2022May 10, 2022 msmithDiscovery, Protective Orders, TEXIPLAWBLOG, WDTX, WDTX Cases

This is a fight over how many pages of printouts a party can make of source code, with a dispute over the scope of the defendant’s production on the side.

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Leave to Amend to Add License Defense Denied

May 10, 2022May 10, 2022 msmithArcane Pleading Issues, TEXIPLAWBLOG, WDTX, WDTX Cases

The issue here was a defendant’s motion for leave to amend its answer to assert a license defense.

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Discovery Fights

May 10, 2022May 10, 2022 msmithDiscovery, TEXIPLAWBLOG, WDTX, WDTX Cases

Deposition topics and rog responses were the subjects of two discovery orders in this case.

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Experts

May 10, 2022May 10, 2022 msmithEDTEXWEBLOG, EDTX IP, Experts, Judge Roy S. Payne (USMJ), Marshall, TEXIPLAWBLOG

It took five orders to sort out the objections to experts in this case. (More may have fallen behind the refrigerator and I’m not getting them out if they did – three is plenty).

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Service Of Process

May 10, 2022May 10, 2022 msmithAlternative Service, TEXIPLAWBLOG, WDTX, WDTX Cases

In line with his recent holdings, Judge Albright permitted service by email on the defendant’s current U.S. counsel.

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Welcome!

This weblog focuses on two things: (1) practice in the U.S. District Court for the Eastern District of Texas; and (2) 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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