Commentary

Texas IP Roundup – March 2023

msmithEDTEXWEBLOG, Last Week in Texas with Michael Smith - BCLT, TEXIPLAWBLOG

Join us this upcoming Tuesday, March 28 at 3:00 p.m. Central, Texas time, for another B-CLE live webcast about what is going on in IP cases in Texas federal courts. Wayne Stacy and I will go over the key cases I have selected from the past month to discuss. In this episode, we discuss some recent evidence cases that we should all be watching, including cases on expert report limitations, contention interrogatories, deposition scheduling, and privilege waiver. We also discuss the most recent venue cases and how In re Planned Parenthood is impacting Texas venue decisions. Registration and attendance is free, and CLE credit is available, as always – sign up here.

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Scam Alert: Don’t Subscribe / Renew Subscription Using Euros

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We all need to be alert to the cyber scams going around, and here’s a new one. If you are attempting to subscribe or renew your subscription – to this blog or anything else – and you reach a page that has payment in Euros – it’s likely a scam (it definitely is for the blog – like most Texas businesses we are configured to accept payment only in dollars). Contact me at michael.smith@solidcounsel.com and I’ll walk you through the correct process for renewing. If you’re already set up for automatic renewal, you don’t have to worry about this.

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IAM Article: “EDTX judge’s new limine order takes name-calling off the table”

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My article on Chief Judge Rodney Gilstrap’s new standing order on motions in limine was published on IAM last week – it’s accessible to subscribers here. Unlike most of my writing, which is perhaps more directed towards practitioners, it is focused on what clients might want to know about the order. The principal takeaway is that it ought to save clients money, and help inform them what sorts of issues and arguments are off the table in Judge Gilstrap’s court.

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BCLT Texas IP Roundup – February 2023

msmithLast Week in Texas with Michael Smith - BCLT

The February edition of our monthly Texas IP Law Roundup is up – join us for another B-CLE webcast about Texas courts. BCLT refers to it as “Episode 2” but it’s actually the 34th program I have done with them – they restarted the numbering when we changed from podcast to webcast, and then again when we went to a monthly format with CLE. I stay with my own numbering format, so this one was our 34th – the rough cut for 35 already has 37 cases in it.

I selected the key cases from the prior month that you might need to know about, including important topics such as:

  • Enhanced post-verdict royalty rate linked to increased bargaining power after a favorable verdict;
  • Explanation of the customer-suit exceptions;
  • Evolving procedures on the use of special masters instead of technical advisors;
  • Impacts of In re Planned Parenthood and Fifth Circuit law on venue determinations;
  • Views on the differences between intra-district and inter-district transfers;
  • In camera proceedings re litigation funding documents; and
  • Guidance on sanction motions and a reminder of what is and is not sanctionable in a patent case.

Enrollment and CLE credit are complimentary.  A B-CLE account is required to enroll for courses, but you can subscribe at no charge.

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Busy Day for George

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My old architect’s desk doesn’t usually have to work this hard, but today’s a day for editing. George had to host getting the final revisions out for my 22 page (single-spaced) “Patent Venue Update” paper for next week’s Intellectual Property Litigation seminar in Houston, followed immediately by the 19 page script for this afternoon’s recording of “Texas IP Roundup” with Berkeley’s Center for Law & Technology. Most of my writing and editing, including almost all casework and LL.M. classwork, happens on the computer, but for papers and presentations that will eventual be delivered orally there’s no substitute for a red pen and a slant-top standing desk built before anyone had seen the word “Constitution” spelled with a capital “C” for one last attempt at deathless prose. Or, okay, maybe one more draft. No, this is the last one, I promise. Maybe I’ll give George a rubdown with some furniture oil before I go home tonight. As I said, he doesn’t usually get worked like a rented mule like he is today.

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Snowmageddon Meets Advanced Civil Trial

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In New Orleans (somehow) this morning to speak on Post-Judgment Motions for the TexasBarCLE Advanced Civil Trial seminar. Since everything in Texas east of Houston is frozen (power’s out in Austin and airports are closed in Dallas and Austin) most of the speakers couldn’t make it as scheduled, so the schedule was revised and my presentation is pushed up an hour. But there are beignets and chicory coffee, they are giving me half an hour to talk on a trial procedure topic, and there’s a WW II museum just down the street so my day really couldn’t get better.

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Texas IP Roundup with Michael Smith

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Just a reminder of the B-CLE live webcast at 3:00 P.M. (Central) this afternoon online to hear about the recent happenings in Texas that will impact your IP litigation. With constant changes, last month’s strategies are already outdated. Sign up HERE.

In this episode, Wayne and I will discuss:

  • New Fifth Circuit Case Arguably Changing Standards for Challenging Venue Rulings — Will the Federal Circuit actually care about 5th Circuit law?
  • Austin Judge Transferring Multidefendant IP Cases Sua Sponte — Can all non-Texas IP owners expect to be transferred sua sponte? Is Austin still a viable courthouse for patent cases?
  • Good and Bad Ways to Handle Patent Litigation — How knowing when to give up can protect you from an award of attorneys fees.

Registration and CLE credit are complimentary.

A B-CLE account is required to register for courses. To sign-up at no charge click here.

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