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msmith

From A1 to H4

January 21, 2021January 21, 2021 msmithClaim Construction, EDTEXWEBLOG, EDTX IP, Judge J. Rodney Gilstrap, Marshall, TEXIPLAWBLOG

Lots of terms to be construed in this 125 page claim construction order from the square in Marshall.

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VLSI v. Intel Is A Go

January 21, 2021January 21, 2021 msmithTEXIPLAWBLOG, WDTX, WDTX Cases

The Federal Circuit denied Intel’s request to stay the current and former Waco case from going to trial February 13.

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Digital Card Games

January 21, 2021January 21, 2021 msmithClaim Construction, EDTEXWEBLOG, EDTX IP, Judge Roy S. Payne (USMJ), Marshall, TEXIPLAWBLOG

Looking for a claim construction order in a case involving virtual card games? Here you go.

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Motion To Strike Supplemental Expert Report

January 21, 2021January 21, 2021 msmithCopyrights and Trademarks, EDTEXWEBLOG, EDTX IP, Experts, Judge Amos L. Mazzant III, Sherman, TEXIPLAWBLOG

The supplemental report was late – is the lateness excused?

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Supplemental Claim Construction Order

January 20, 2021January 20, 2021 msmithClaim Construction, EDTEXWEBLOG, TEXIPLAWBLOG, WDTX

Even Michelangelo had to go back and do some additional work on the Sistine Chapel. (It’s known as “The Last Judgment“).

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HSD Filing Questions

January 20, 2021January 20, 2021 msmithCommentary, Protective Orders

Started talking with colleagues this morning at scheduling hearings in Marshall about the HSD order and how it’ll be implemented in practice.

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VirnetX JMOL Opinion

January 19, 2021January 19, 2021 msmithEDTEXWEBLOG, EDTX IP, JMOL rulings, Judge Robert W. Schroeder III, TEXIPLAWBLOG, Tyler

The Court’s unsealed JMOL begins by analogizing VirnetX v. Apple to Dickens’ fictional Jarndyce v. Jarndyce.

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Sherman COVID case reset

January 19, 2021January 19, 2021 msmithCOVID-19, EDTEXWEBLOG, EDTX IP, Judge Amos L. Mazzant III, Sherman, TEXIPLAWBLOG

I hate to call it that, but you know which case I’m referring to, at least.

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New Courtroom A/V in Waco

January 19, 2021January 19, 2021 msmithCourt News, EDTEXWEBLOG, TEXIPLAWBLOG, WDTX, WDTX Cases

The VCR/DCD player is no more. Judge Albright’s courtroom in Waco has new toys.

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EDTX General Order on Filing of “Highly Sensitive Documents”

January 19, 2021January 19, 2021 msmithEDTEXWEBLOG, EDTX IP, General Orders, TEXIPLAWBLOG

The EDTX order on HSD filings came out this morning.

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Welcome!

This weblog focuses on practice in the U.S. District Court for the Eastern District of Texas, as well as 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 Siebman, Forrest, Burg, & Smith, 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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