First to file rule and personal jurisdiction
This order resolved the dispute over the applicability of the first to file rule to a case where there was an issue regarding personal jurisdiction.
msmith
Shorter extension granted, for now
The court granted one extension, but denied another, citing the rapidly changing landscape regarding COVID-19. Meanwhile, the azaleas are in bloom.
Judge Albright hearing procedures during WFH
Judge Albright has issued procedures for how he’s conducting hearings (including Markman hearings) during the current environment.
All hearings on the Waco docket will continue as scheduled, but will occur telephonically. The Court will provide a call-in number, but the parties need to have a backup number just in case. Because in some cases several cases are set, you should dial in ten minutes before your hearing, but since multiple cases may be set, wait till your case is called to announce. (Be sure to put your phone on mute, and enjoy the show. Popcorn optional, but recommended).
PowerPoint slides. Your PowerPoint slides can WFH as well. If you want to use slides, email them to the Court 24 hours before the hearing. If both sides want to use slides, work out a time and email them at the agreed time at least that far out. If you don’t email slides at least 24 hours, the Court assumes you don’t want to use them.
Markman hearings. There is an exception to the 24 hour rule. You’ll get preliminary constructions from the Court before the hearing. Your slides are due within 6 hours of receiving those preliminary constructions. So you might want to make sure everyone on the Markman team is available the evening before the hearing to refine the slide deck based on the constructions, just in case.
Ed. note: I’d be sure to number your slides so you can direct the Court to the one you’re using. A surprising number of people don’t put numbers on their slide decks, which isn’t fatal at live hearings, but will be on a telephonic one.
Everyone stay safe out there.
I’m A Wiser Man This Morning
Mr. Sam’s famous quote about why he changed his mind about LBJ being JFK’s running mate in 1960 also applies to amending patent contentions. You, too, can be a wiser patent practitioner after reading this order by Judge Albright.
JMOL & Fees Rulings in Breach of Patent Royalty Agreement Case
This sunny day I’m celebrating my tulip poplar’s budding out with these JMOL rulings (including lots of interesting fees discussion) following a jury verdict.
Zoom Teleconferencing “Cheat Sheet”
A lot of us are spending time on Zoom teleconferencing these days. Craig Ball has a cheat sheet on Texas Bar Blog on how to do it better. Or you could just ask your teenage kids.
My Lawyer is an Ex-CIA Trained Spy Who May Have Entered My Firm to Sabotage It – WDTX Hansley II
Yes, it could get worse.
Renewed Motion for 30-Day Continuance Granted
New orders continue to come out finding extension requests justified under the changing facts, even in cases where motions had previously been denied.
Update: Video Attendance by Lead Counsel & Party Reps at Mediation Permitted
Monday’s order precluding attendance at mediation by video was vacated sua sponte by Judge Gilstrap in light of the rapidly evolving developments surrounding the COVID-19 virus.
The Court issues this Order sua sponte. In light of rapidly evolving developments related to the COVID-19 virus, the Court hereby VACATES its order of March 16, 2020) (Dkt. No. 966) which required both lead and local counsel to mediate in person in Dallas, Texas. Such mediation would have required lead counsel to travel to Dallas, Texas from various locations around the country, and the Court is persuaded that an appropriate level of caution counsels against such travel at this time. The Court notes that both parties are represented by able and competent local counsel, both of whom are located in Tyler, Texas. Given the parties’ prior proposal to conduct mediation via videoconference, the Court agrees that videoconference participation is appropriate for national counsel who would otherwise have to travel in order to attend mediation.
Order at 1.
Accordingly, the order was modified to eliminate the in-person requirement for national counsel and parties – so long as the parties’ local counsel was present.
What A Redacted Waco Order on Enhanced Damages & Fees Looks Like
See the difference a simple redaction makes, compared to the unredacted version a couple of days ago? Graceful and elegant, full of fees and fluffed damages, this is an order you’re really going to enjoy.