“The Work Will Teach You How To Do It: Lessons from Patent Litigation Courts On The Use of Limits on Case Activity to Effectively Manage Litigation Costs – Thesis for Litigation Management LL.M.

I am happy to report that they let me walk the stage Friday in Waco after finishing the last on-campus week for my Executive LL.M. in Litigation Management at Baylor Law School – the only LL.M program in the nation for litigation management. We covered every stage of the litigation process to identify efficiencies and current trends, and while there was little in the program I didn’t know at least something about from 31 years in a litigation-only practice, I learned valuable new skills and tools to do things better than I had been doing them.

I doubled down on the subject of litigation efficiency in my thesis, “The Work Will Teach You How To Do It: Lessons from Patent Litigation Courts On The Use of Limits on Case Activity to Effectively Manage Litigation Costs.  We were required to prepare two versions of the the paper – a full version (approx. 29 pages with over 60 citations, mostly to case management orders in patent litigation) and a shorter five-page version. The five page version is here – the full version is available to subscribers and court staff below, and I hope all will be interested in the comparative analysis of the procedures across some of the more popular patent courts.

Patent Case Management Year in Review – BCLT 2023 IP + Tech Month

I had a lot of fun taping this Friday afternoon with Azra, Kiley & Wayne for the Berkeley Center for Law & Technology’s “IP + Tech Month” program. I don’t usually say that about anything involving 73 slides, but here I will. My Texas portion started out as a 63 page script of cases over the past year, condensed down to 15 slides, but the condensing process – as it is wont to do – hopefully made it better and more useful.

The presentation started out with a brief overview of the Supreme Court’s new case on enablement which came out the day before, then covered patent case management developments in Delaware before I went through what’s happened in Texas courts over the last year.

Trial Procedure in Federal Court – TexasBarCLE

Reprised my presentation on trial procedure this afternoon for TexasBarCLE’s upcoming Federal Court Practice course. This year the course is presented online only on May 12, but we recorded the presentations yesterday and today. Lots of new trial anecdotes since the last time I did it, and hopefully they’re both informative and entertaining. Slides are below the fold, and I’ll add the paper when the Bar finishes final formatting. Here’s the link to register.

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

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.

Snowmageddon Meets Advanced Civil Trial

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.

23rd Annual Berkeley-Stanford Advanced Patent Law Institute


Up to full speed this morning in Day 1 listening to Mark Lemley update us all on developments in patent law. We’ve already covered proposed patent legislation and SEPS and new standards. PTO leadership discussion is next, and our panel (with Aaron Nathan subbing for an ill partner) is second to last this afternoon. Tomorrow we break into litigation and prosecution tracks. Great, great seminar.

Jurisdiction and Venue: Newest Developments for Selecting, Preserving & Challenging a Court


Looking forward to our panel this afternoon. Becca and I had a great time preparing the “supplemental materials” paper below which has the cases and issues discussed, including copies of the key cases and relevant graphs and tables. And it gave us a chance to show off our picture from the EDTX bench/bar planning meeting this summer.

Jurisdiction and Venue – Newest developments for selecting, preserving, and challenging a court


I am looking forward to my panel with Matt Powers of Tensegrity and Sarah Guske of Baker Botts, this morning at the 23rd Annual Berkeley-Stanford Advanced Patent Law Institute in Palo Alto on the subject of the newest developments in selecting, preserving, and challenging a court. Attached below are the supplemental materials on this topic for attendees and readers that Becca Skupin and I prepared. If you have any questions, ping us at michael.smith@solidcounsel.com or becca.skupin@solidcounsel.com .
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