Clyde Siebman Memorial Service

Information on Clyde’s memorial service Friday afternoon, including a live link, is included below.  Also attached is a copy of the concurrent resolution in his honor passed by the Texas Legislature earlier today, and a photo of the Sherman courthouse, whose flag was flying at half staff Friday in memory of our friend.

http://edtexweblog.com/wp-content/uploads/2021/04/HC00075I.pdf

https://youtu.be/DDXsGd0y8CU

 

Marshall Street Art

The Hub calls its neighboring smoothie bar’s window artwork and raises them two books on patent law and one Lady Justice. (We love supporting our local artists in Marshall).

Coincidentally, the artist, Dennis Barigian at Dabofpaint.art, lives in the Weisman-Hirsch-Beil home on South Washington, which was the home of Joe Weisman, brother of the Hub’s founder Mose Weisman. So he’s family (and we have the historical marker out front to prove it).

 

“Mediation” – Presentation at Texas Tech Law School

Texas Tech Law School Hallway – Akstrong, CC BY-SA 3.0

A happier moment this week was speaking to Professor DeLeith Duke Gossett’s students at Texas Tech Law School about the mediation process.

I didn’t prepare a written presentation, but instead answered Prof. Gossett’s questions about mediation.  We had exchanged some lengthy emails in advance on the sorts of things I thought were important to stress, including identifying the ground rules for particular mediation so that you are clear what the confidentiality provisions are and what statements the mediator wants ahead of time.

The conventional wisdom on opening statements has changed since the professor was a law clerk for judges in Tyler back when I actually was a young lawyer, and I explained the pros and cons of opening statements, which are basically the same as the pros and cons of biting a shark on the ass. I also went over the process of trading offers, “midpoints”, “drop dead” offers, and mediator proposals.

I think we spent most of the time, however, talking about the mediator’s role in the mediation – the importance of soliciting the mediator’s input when considering particular offers or responses, as well as using the mediator to help get recalcitrant clients to understand the realities of the case. (Not my clients of course, who would never be unreasonable). Good mediators don’t just play ping-pong all day – they use their superior knowledge of the parties’ positions to identify how the parties can reach a successful resolution of the case. Which, of course, means everyone is equally unhappy, but not as unhappy and poor than they’d be after an unsuccessful trial outcome.

I also talked about the need to explain the mediation process to clients of that they understand that it is not the same thing as a trial, nor is a settlement the same thing as “winning.” I also explained that the need to walk the client through the process is even more important where a client might be uniquely unfamiliar with the process, for example where a client is from outside the US and may not even fully understand the US litigation process to start with. A client may not know to what extent the process is confidential, so you need to explain that, as well as the requirement that parties mediate “in good faith” and what that means. It’s very easy for parties to not be prepared for mediation, and to not understand what it is (and isn’t).

I particularly enjoyed the questions from the students, who were interested in – what else – patent litigation, as well as other topics. In a week that didn’t have much else go right (okay, we did get Dak Prescott signed, but other than that) it was a little sparkling hour that I really, really appreciated.

Somebody please call and ask me to talk to your Lions club about motions in limine, okay? I’m best right after another speaker on insomnia because I will knock that little problem right out and leave you rested and refreshed for your afternoon.

Clyde Siebman Arrangements

A family graveside service is planned.  A memorial service honoring Clyde will be held on Friday, April 9, 2021 at 1:00 pm at the Kidd-Key Auditorium at 400 Elm Street, Sherman, Texas, with a reception to immediately follow.

In lieu of flowers, the family requests that donations be made in Clyde Siebman’s memory to Christian Global Missions www.worldbibleinstitute.comShriners Hospital for ChildrenSt. Jude’s HospitalTrue Options Pregnancy Center or Preston EMS.

Clyde Siebman (1958-2021)

It is with great sorrow that I report that my partner Clyde M. Siebman of Sherman passed away last night.

Clyde was an amateur Texas historian, loved to travel with his family, and was an avid outdoorsman. He was always proud to explain that the Siebman family is an East Texas pioneer family, and was always happiest when he had at least one and preferably two firearms within easy reach. If there were extra high-capacity magazines as well, it was a good day. We spent many happy afternoons at the shooting range at his farm in Oklahoma, where he enjoyed entertaining family and friends.

No lawyer that has ever entered an Eastern District of Texas courthouse can lay claim to being a greater son of the district. Clyde began his federal practice serving as a law clerk to the late United States District Judge Paul Brown, traveling the district alongside Judge Brown serving in the Sherman, Texarkana and Beaumont Divisions. Clyde’s association with Judge Brown was something he was always grateful for and immensely proud of. We were standing in the hallway of the courthouse in Marshall last Monday looking at Judge Brown’s picture on the wall and I mentioned it was hard to believe it had been over eight years since he passed. That took Clyde by surprise and he started to disagree and say that the plaque had it wrong, and then realized it really had been that long.

Clyde founded the Eastern District of Texas Bar Association under the auspices of presiding U.S. Senior District Judge Richard Schell in 1996 and served as its founding president. As many are aware, for most of the last 25 years he has overseen the planning for the bar association’s annual conferences. He tried to quit once, and that didn’t go over well with anyone, including the Lord, who sent a hurricane causing the cancellation of the event (true story), so he was kept in harness thereafter. He leaves very large boots to fill.

I first met Clyde when I was clerking for Judge Hall in Marshall, and he showed up with a highly questionable case with our mutual friend Mike Miller – but they were both obviously having a lot of fun with it. We eventually hooked up professionally sixteen years later, and have been law partners for the past thirteen years. He was in town last week for a pretrial conference with Judge Gilstrap and we were both surprised it had been that long. But then again, we both thought we were still young lawyers (who obviously can’t add sixteen and thirteen).

Clyde’s legal accomplishments are too numerous to mention, but a few he was proudest of were an “AV” Peer Reviewed ranking for over two decades, 2018 Lawyer of the Year for Patent Litigation and 2020 Lawyer of the Year for Copyright Litigation in Dallas-Fort Worth in The Best Lawyers in America. Clyde was also Board Certified in Civil Trial Law by the Texas Board of Legal Specialization and a member of the East Texas chapter of American Board of Trial Advocates (because I was alert enough to swipe him out from under the Dallas chapter’s nose the year I was president of our chapter).

Clyde also served as Chairman of the Advisory Committee for the Institute for Law and Technology of the Center for American and International Law in Plano (formerly the Southwestern Legal Foundation). Clyde previously served as a member of the Eastern District of Texas’ Local Rules Advisory Committee, Non-Appropriated Fund Committee and U.S. Magistrate Judge Merit Selection Committee.

Clyde was a frequent lecturer on a variety of legal topics, and was regularly called to moderate judicial panels and participate in legal conferences, including those sponsored by the State Bar of Texas, Eastern District of Texas Bar Association, Oregon Patent Law Association, New York Intellectual Property Law Association, Oklahoma Bar Association, Colorado Bar Association, Federal Circuit Bar Association, American Intellectual Property Law Association, the Sedona Conference and the Leahy Institute of Advanced Patent Studies.

One of Clyde’s favorite experiences was when he and Carol were members of a delegation of attorneys and judges from the Eastern District of Texas and other courts that presented the first patent mock trial at Beijing University in China and he delivered a presentation on U.S. trial practices at Southwestern University School of Law and Political Science in Chongqing, China. He was immensely pleased to have been the lawyer who was harassed the most by their good friend U.S. District Judge Barbara Lynn who presided over his trial in China, and spoke of it often.

Clyde was active in Texas public affairs, including serving by way of Gubernatorial appointments as Chairman of the Grayson County Regional Mobility Authority, Commissioner of the Red River Interstate Compact Commission, Commissioner of the Red River Boundary Commission and Member of the Board of Directors for the Red River Authority of Texas. Clyde was named Conservator of Texarkana’s Riverbend Water Resources District by the 82nd Texas Legislature.

Interestingly, Clyde was also a former member of the Presidential Electoral College of the United States, in which capacity he cast one of Texas’ electoral votes for president for his fellow Texan George W. Bush in the relatively quiet presidential election of 2000.

Clyde and I shared the honor of serving on the Board of Directors of the State Bar of Texas representing the 24 counties of District 1, and he was later nominated by the Board as a candidate for President-Elect of the State Bar.

Clyde was a graduate of Southern Methodist University. He earned a Bachelor of Business Administration from the Cox School of Business and Juris Doctor from the Dedman School of Law, where he graduated as a Hatton W. Sumners Law Scholar. He was a member of SMU’s National Moot Court Team that advanced to nationals in 1983. Clyde also holds a Bachelor of Arts in Psychology from SMU, which he earned with distinction.

Clyde is survived by his wife Judge Carol Siebman, their daughter and our law partner Elizabeth Siebman Forrest, and their beloved grandchild Kendall Forrest.

He will be missed.

USPTO to hear public feedback on implementation of the Trademark Modernization Act (TMA)

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Beginning 1pm ET March 1, the USPTO will listen to public input on issues relating to the implementation of the TMA during a special online roundtable.

If you have opinions on how the USPTO should implement the TMA, please sign up to share your thoughts during the public roundtable. Speaking slots are limited due to time restraints, but many are still available. Comments must relate specifically to TMA implementation and not exceed five minutes in length.

The USPTO will also accept written comments at any time relating to TMA implementation, or any other trademark topic, submitted to TMfeedback@uspto.gov.

After opening remarks and a brief overview of the statutory provisions of the TMA, the USPTO will hear public input. Please keep in mind that the USPTO cannot comment on the substance of the draft implementing regulations until the notice of proposed rulemaking issues through federalregister.gov in the spring.

For more information and to register for the roundtable, please visit the TMA roundtable event page on the USPTO website.