Court News

I’m watching the lead counsel for both sides in the Buc-ee’s trademark litigation discuss the case on a panel. This is just awesome. (No jerky, alas).

The panels have been coming fast and furious over the past couple of days, and culminated in the conference dinner at AT&T Stadium last night.

Attendees heard from agents that helped take down Columbia’s druglord Pablo Escobar, and then saw special presentations to federal law enforcement that have played important roles in stemming the flow of illegal drugs. The evening concluded with the traditional toast in honor of the Seventh Amendment.

Registration for next week’s bench/bar has already set a record with over 500 attendees, and over 400 are signed up for the dinner at AT&T Stadium. Like a lot of readers, I’m packing up and getting ready. In my case, that means finishing preparations for the panel Wes Hill and I are co-moderating Monday afternoon “Looking Down from Above: What Mere Mortals Could Do Better as Seen from on High.” Our panelists are:

• Chief Judge Sharon Prost, CAFC
• Senior Judge William Bryson, CAFC
• Chief Judge Rodney Gilstrap, E.D. Tex.
• Chief Judge Leonard Stark, D. Del.

Again, for more information on the event, go to https://edtxbenchbar.com/ but here’s the complete schedule. Get a cup of coffee first – this is going to take a while.

Sunday, September 22

6:00 PM–Bench Bar Conference Leadership Muster. (By Invitation)

Monday, September 23

7:00 AM–Breakfast and Photo Session for EDTX Judges.

7:45 AM–Breakfast Opens for All Conferees.

8:30 AM–Looking Behind the Pine Curtain. Secrets from the Newest Chambers of EDTX, Volume 1. Clyde Siebman, Siebman Forrest Burg & Smith, LLP (Facilitator) with Judge J. Campbell Barker, E.D.Tex. & Judge Sean Jordan. E.D. Tex.

9:30 AM–Breakfast Concludes. Social Activities Begin.

9:45 AM–Tour of Toyota Headquarters –Limited Availability. Rosalyn Mitchell, Managing Counsel, Toyota Motor North America, Inc. (Facilitator).

10:15 AM–Shooting at Frisco Gun Range –From Marksmen to First Time Shooters –From Handgunsto Full-Auto Experience -Darby Doan, Haltom & Doan (Facilitator).Event Sponsor –Haltom & Doan

10:15 AM–Golf at Gleneagles –Chip Molster, The Law Offices of Charles B. Molster, III,PLLC (Facilitator).Event Sponsor –The Law Offices of Charles B. Molster, III, PLLC

12:30 PM –WLED Membership Luncheon –Welcoming Remarks by WLED President ElizabethForrest, Siebman Forrest Burg & Smith, LLP; Vice-President Evelyn Chen, Ericsson and SecretaryAmanda Abraham, The Roth Law Firm.Developing Relationships with In-House Counsel—An Interactive How-To Discussion Including theEthics of Solicitation. Ophelia Camina, Susman Godfrey (Facilitator); Monica M. Brown, AssistantGeneral Counsel, Lennox International, Inc.; Sarah Decker, Global Head of Litigation, Investigations,Ethics and Compliance, McAfee; Lindsay Hedrick, Jones Day; Laura J. O’Rourke, Managing Counsel,Toyota Legal One, Toyota Motor North America, Inc. and Britnee Reamy, Senior Counsel, TexasInstruments. (.5 Hours Ethics)Event Sponsor –Greenberg Traurig, LLP; Kirkland & Ellis, LLP; Toyota

2:00 PM-Opening of the Conference-Clyde Siebman, Eastern District of Texas Bench Bar Conference Chairman; Charles Bundren, Eastern District of Texas Bar Association President; JudgeRodney Gilstrap, Chief Judge, E.D. Tex. and James Brookshire, Executive Director, Federal Circuit Bar Association.Conference Session Chair –Charles Bundren, William Charles Bundren & Associates Law Group.

2:15 PM–Where There’s A Wrong, There’s A Remedy. Looking for Remedies in All the Wrong Places –From Patent Infringement to Trade Secret Misappropriation. Yar Chaikovsky, PaulHastings, LLP (Facilitator); Douglas N. Ellis, ASQ Consulting; Phillip Philbin, Haynes and Boone, LLP; Alan Ratliff, StoneTurn Group, LLP and Shirley Webster, Ocean Tomo.

3:00 PM–Looking Down from Above. What Mere Mortals Could Do Better as Seen From on High. Wesley Hill, Ward, Smith & Hill & Michael Smith, Siebman Forrest Burg & Smith, LLP (Co-Facilitators); Chief Judge Sharon Prost, CAFC; Senior Judge William Bryson, CAFC; Chief Judge Rodney Gilstrap, E.D. Tex.; Chief Judge Leonard Stark, D. Del. (.5 Ethics)

4:00 PM–The Judges’ Lawyers. Learning from Law Clerks Squawk Box Style. Boone Baxter, Heim, Payne & Chorush, L.L.P. (Facilitator); Matthew Wood, Marshall; Christian Chessman, Marshall; Monica Litle, Sherman; Aileen Durrett, Career Law Clerk, Plano; Jenna Gillingham, Tyler; Matt Chiarizio, Tyler; William B. “Wills” Collier, Jr., Texarkana; Ryan Swink, Beaumont and Victoria “Tori” Bliss, N.D. Tex. -Dallas. (.3 Hours Ethics)

5:00 PM–USPTO/PTAB Agglomeration. From Updated Trial Practice Guides and SOPs to Gender Studies on Female Inventors, A Discussion of An Agency on the Move. Hope Shimabuku, RegionalDirector, Texas USPTO (Facilitator); Chief Judge Scott Boalick, Patent Trial and Appeal Board andSarah Harris, General Counsel, USPTO. (.2 Hours Ethics)

5:50 PM–CLE Adjourns for the Day. (4.5 Hours of CLE/1.5 Hours Ethics –Day 1)

5:50 PM–Opening Reception Sponsored by StoneTurn Group

7:00 PM–Former Law Clerk Association Membership Reception and Dinner.

7:00 PM–Buses Depart for Judges and Bar Leaders Dinner (By Invitation).

10:00 PM–Coffee and Cordials with EDTX’s Newest Article III Judges in the Presidential Suite.

10:30 PM -Presidential Suite Remains Open Until Midnight.

Tuesday, September 24

7:30 AM–The Texas Breakfast Opens (Full Hot Breakfast with Texas Cowboy Favorites).Event Sponsor –Findlay Craft, P.C.

Main Track Session Chair –Adam Allgood, Fisch Sigler, LLP.

Non-Patent Track Session Chair –L. Kirstine Rogers, Steckler Gresham Cochran PLLC.

8:45 AM –Exploring Best Practices for SEP/FRAND Litigation. Striking the Balance Between What’s Yours, Mine & Ours. A Sedona Conference Presentation. Matt Powers, Sedona WG10 Chair andWG09 Vice-Chair, Tensegrity (Facilitator); Chief Judge Rodney Gilstrap, E.D.Tex.; Senior Judge James Robart, W.D. Wash.; Eric Hutz, Sedona WG 09 Chair, Reed Smith; Steven Geiszler, Huawei and Rick Stark, Cravath, Swaine & Moore LLP.

Non-Patent Track –“Uh. Houston, We’ve Had A Problem” –Criminal Law for Civil Lawyers. ElvinSmith, III, Law Office of Elvin Smith (Facilitator); Josh Russ, AUSA, Civil Chief, E.D. Tex.; Shamoil Shipchandler, Jones Day, Former Regional Head of U.S. Securities and Exchange Commission; Nathaniel Kummerfeld, AUSA E.D.Tex. (.5 Ethics)

9:35 AM–Anti-Trust Implications on the Enforcement of Patents. Rock-Paper-Scissors, When Can a Statutory Prohibition Trump a Constitutionally Granted Monopoly? Max Ciccarelli, Thompson &Knight (Facilitator); Brian Pandya, Deputy Associate Attorney General, U.S. Department of Justice;Andrew J. Wright, Nelson, Bumgardner Albritton P.C.; Ashley Bass, Covington & Burling, LLP; Jay Jurata,Orrick Herrington & Sutcliffe LLP and Gabrielle LaHatte, Latham & Watkins, LLP.

Non-Patent Track –Magic Keys to Representing Your Client in Criminal Cases in E.D. Tex. Ernest Gonzales, AUSA, Organized Crime Drug Enforcement Task Force. E.D. Tex. (Facilitator); DeniseBenson, Public Defender; Rafael De La Garza, The De La Garza Law Firm, P.C.; Maureen Smith,AUSA, E.D. Tex. and James Whalen, Whalen Law Office.

10:25 AM-Refreshment Break.

10:45 AM-Does Section 101 Need Fixing? Who Should Fix It? What Else Needs Fixed? A Discussion of Change in the Air. Wes Samples, Quinn Emanuel Uruqhart & Sullivan, LLP(Facilitator); Philip Warrick, Counsel to Senator Chris Coons, Ranking Member on Intellectual Property, U.S. Senate Judiciary Committee; Judge Richard Linn, CAFC; Judge Roy Payne, E. D. Tex.;James A. Tripp Fussell III, Mayer Brown and Stephen Smith, Cooley LLP.

Non-Patent Track –Qui Tam/False Claims Act: He Who Sues for the King …as Well as For Himself —The Modern-Day Privateers. Judge Jeremy Kernodle, E.D. Tex. (Facilitator); Judge Marcia Crone, E.D.Tex.; James Gillingham, AUSA, E.D.Tex.; Karen Glassman, Health & Human Services Office of Inspector General; Lisa Noller, Foley & Lardner; Chad Walker, Winston & Strawn LLP; SarahCummings, Reed Smith and Michael Young, Sanders, Motley, Young & Gallardo.

11:35 AM–A Fireside Chat with Members of the Federal Circuit: George Pappas, Covington & Burling LLP (Facilitator); Chief Judge Sharon Prost, CAFC; Judge Richard Linn, CAFC; Judge RichardTaranto, CAFC and Senior Judge William Bryson, CAFC.

Non-Patent Track –“Hello. I Think Our Customer’s Bank-Account Records Were Just Stolen” – Cyber-Security and How the Lawyer Should Respond Including Relevant Professional Responsibilities. Camelia Lopez, AUSA, Senior Legal Counsel and Cyber Chief, E.D.Tex. (Facilitator);Trisha Anderson, Covington & Burling LLP; Bruce Sostek, Thompson & Knight and Steven Williams,Munsch Hardt. (.3 Ethics)

12:15 PM-Non-Patent Track -Exercising Prosecutorial Discretion. Practical and EthicalParameters and Priorities for Doing Justice from Cyber Crimes and Trade Secrets to Fraud and OtherWhite-Collar Wrongs. Joseph Brown, United States Attorney, E.D. Tex. (Facilitator); Heather Rattan,First Assistant United States Attorney E.D. Tex.; Matt Quinn, AUSA, Criminal Chief, E.D. Tex.; Brit Featherston, Executive Assistant U.S. Attorney, E.D. Tex. and Arnold Spencer, General Counsel, Coinsource. (.2 Ethics)

Joint Programming –Both Tracks Conference Session Chair –Melissa R. Smith, Gillam & Smith LLP.

12:45 PM–Lunch Presentation: Social Media. Is There Garbage or ValuableEvidence in Those Posts, Chats and Tweets? Or Something More Sinister? Marisa Miller, AUSA, E.D. Tex.Event Sponsors –ASQ Consulting; Carter Arnett

2:00 PM–Demonstratives: A Scientific Approach Including Concepts of Visual and Auditory Learning –Britta Erin Stanton, Focal Point (Facilitator); Chrysta Castaneda, The Castaneda Firm; Jennifer Truelove, McKool Smith; Judge Caroline Craven, E.D. Tex.; Chris Schwegmann, Lynn Pinker Cox and Hurst, LLP; Ranga Sudarshan, Covington & Burling, LLP and Clint Townson, PhD., The Focal Point.

2:45 PM–Are Jury Trials Homogeneous? The Practices, Customs and Predilections of Different Venues Including Attitudes Toward Summary Judgment and JMOL. SeniorDistrict Judge Ron Clark, E.D. Tex. (Facilitator); Judge Richard Andrews, D. Del.; Judge CathyBencivengo, S.D.CA.; Chief Judge Nannette Jolivette Brown, E.D.LA.; Chief Judge Barbara Lynn, N.D.Tex.; Judge Amos Mazzant, E.D. Tex. and Judge Lee Yeakel, W.D. Tex.

3:30 PM–Refreshment Break.

3:50 PM–Looking Behind the Pine Curtain. Secrets from the Newest Chambers of EDTX, Volume 2. Clyde Siebman, Siebman Forrest Burg & Smith, LLP (Facilitator) with Judge Jeremy Kernodle, E.D.Tex. & Judge Michael Truncale, E.D. Tex.

4:35 PM–Insights of Former E.D. Tex. Jurors. Going to the Horse’s Mouth. Interviews with Actual Jurors from Closed Cases. Janis Clements, Greenberg Traurig; Elizabeth Forrest, Siebman Forrest Burg& Smith, LLP & Andrea Williams McCoy, Siebman Forrest Burg & Smith, LLP Followed by Interactive Discussion Including Chief Judge Rodney Gilstrap, E.D. Tex.; Judge Nicole Mitchell, E.D.Tex.; Jeffrey Bragalone, Bragalone Conroy, PC; Elizabeth “Betty” DeRieux, Capshaw DeRieux, LLP and Geoff Culbertson, Patton Tidwell &Culbertson, LLP.

5:45 PM–CLE Adjourns for the Day. (8 Hours of CLE -Day 2)

6:00 PM–Buses Available for Loading for 6:40 PM Sharp Departure to AT&T Cowboy Stadium.Note: Check in for the Texas Judicial Dinner Will Occur at Loading of Buses

6:40 PM-Buses Promptly Depart Hotel for AT&T Cowboy Stadium.

7:15 PM–The Texas Dinner in Honor of the Judiciary and the Seventh Amendment –AT&T Cowboy Stadium. Reception and pre-dinner self-guided tours of stadium. Photographs on the Fifty Yard Line Star.

8:15 PM-Call to Order -Master of Ceremonies Scott Murray, Emmy Award-Winning Sportscasterand Broadcast Journalist; National Anthem & Patriotic Cowboy Music Monte Warden, Lead Vocalist& Song Writer, The Wagoneers

8:30 PM-Dinner & Conversation

9:00 PM–Presentation by Special Agent Javier Pena, Retired, DEA & Special Agent Stephen Murphy, Retired, DEA, Tell Their Real-Life Stories Behind the Netflix Television Series Narcos, Which Chronicles the International Cocaine Trade Inside Colombia and the Taking Down of Pablo Escobar, as We Highlight the Role Being Played by EDTX in Fighting the Colombian Cocaine Trade Today.

9:40 PM–9:55 PM-Keynote Remarks from the Honorable Dr. Nestor Humberto Martinez, Former Attorney General, Republic of Colombia Special Presentation by the United States Attorney’s Office EDTX. Keynote Presentations Facilitated by Brit Featherston, Executive Assistant U.S. Attorney, E.D. Tex

10:15 PM–Annual Toast in Honor of the 7th Amendment -EDTX Bar President CharlesBundren & Bench Bar Chairman Clyde Siebman10:30 PM–First Bus Departs for Hotel When Full.

11:00 PM-Last Bus Departs for Hotel.Presidential Suite Opens until Midnight Thirty for Night Caps.

Wednesday, September 25

7:00 AM –8:30 AM–Texas Buffet Breakfast, A Touch of Tex-Mex –All Conferees Event Sponsor –Baker Botts

7:30 AM –Judges Only Breakfast with EDTX Local Rules Advisory Committee

7:30 AM –EDTX Bar Association Board of Director and Membership Breakfast Meeting

Non-Patent Track Session Chair –Lisa Flournoy, Flournoy & Flournoy

Main Track Session Chair –E. Glenn Thames, Jr., Potter Minton PC.

8:30 AM–General Counsel Panel. What Annoys and What Brings Joy? Leading General CounselAddress Topics Ranging from Law Firms to Courts. Hilda Galvan, Jones Day (Facilitator); JasonCohen, General Counsel, Dallas Cowboys; Lanesha Minnix, Senior Vice President & Chief LegalOfficer, Flowserve Corporation, Sandra Phillips Rogers, Group Vice President, General Counsel,Chief Legal Officer and Chief Diversity Officer, Toyota North America, Inc. and Hiram Sasser,General Counsel, First Liberty Institute

Non-Patent Track –Digital Millennium Copyright Act. Title 17 U.S.C. 1201 et seq. Civil Remedies to Criminal Penalties. What’s the Worst Thing That Can Happen if You “Crop” the © From anInternet Photo? Alexandra McNicholas Bernier, Career Law to Judge Keith Giblin E.D. Tex.(Facilitator); Camelia Lopez, AUSA, Senior Legal Counsel and Cyber Chief, E.D.Tex; Decker Cammack, Whitaker, Chalk, Swindle & Schwartz LLP and Amanda Abraham, The Roth Law Firm.

9:20 AM–E-Discovery from Preservation to Proportionality. How to Keep the Cost from Swallowing the Right to Trial by Jury? Rosalyn Mitchell, Managing Counsel, Toyota Motor NorthAmerica, Inc. (Facilitator); Judge Kimberly Priest Johnson, E.D. Tex.; Judge Andrew Peck, S.D.N.Y.;Eric Buether, Buether Joe & Carpenter, LLC.

Non-Patent Track –A View from the Top. Judges Reflect on Criminal Law Best and WorstPractices. Ryan Gertz, The Gertz Law Firm (Facilitator);Judge Marcia Crone, E.D. Tex.; Senior Judge Richard Schell, E.D. Tex., Judge Christine Nowak, E.D. Tex.; Judge Keith Giblin, E.D. Tex. &Judge Zack Hawthorn, E.D. Tex.

10:10 AM-The Impact of People, Processes & Technology on E-Discovery. Using Technology to Sort Through the Haystack. Joey Seeber, CEO of Level 2 Legal Solutions (Facilitator);Dave Lewis, Chief Data Scientist, Brainspace; David Carns, Attorney and Chief Revenue Officer,Casepoint; Danny Thankachan, Director of Practice Technology, Blank Rome LLP and Jill Bindler,Gray Reed & McGraw.

Non-Patent Track –Fundamentals of Trademark Infringement as Punctuated in Buc-ee’sLitigation. Is That Big Beaver a Bully, or Just Building a Dam Around Its Lawful IP Rights? DoneanSurratt, Orgain, Bell & Tucker, LLP (Facilitator); H. Tracy Richardson, III, Deputy General Counsel &Head of Litigation, Buc-ee’s Ltd.; Stephanie Barnes, Attorney at Law; Charles Hanor, Hanor LawFirm & Professor of Law, St. Mary’s University School of Law; Jeannie Heffernan, Kirkland & Ellis,LLP and Brian Resler, Assistant Deputy Chief for Litigation, Computer Crime and Intellectual Property Section (“CCIPS”), USDOJ.

10:55 AM –Refreshment Break

Joint Programming –Both Tracks Conference Session Chair -Jennifer Ainsworth, Wilson, Robertson & Cornelius, PC.

11:10 AM–Best Practices for Getting to Yes. Mediation Strategies and Tactics Through the Eyes of Those Who Know. Richard “Rocky” Schwartz, Whitaker Chalk Swindle & SchwartzPLLC (Facilitator); Judge Christine Nowak, E.D.Tex.; Judge David Folsom, Retired, E.D. Tex.;Judge Jose Linares, Retired, D.N.J and Christopher Nolland, Offices of Christopher Nolland

11:55 PM-If I Could Put Time in a Bottle & Other Innovative Things. A Discussion of Timed Trials, Mini-Openings, Interim Arguments, Striking Through the Panel and Jurors Who Ask Questions. Mike Jones, Potter Minton PC (Facilitator); Chief Judge Rodney Gilstrap, E.D. Tex.; Judge Amos Mazzant, III, E.D. Tex.; Judge William “Trey” Schroeder, III, E.D. Tex.; Jennifer Doan, Haltom & Doan and Harry “Gil” Gillam, Gillam & Smith.

12:45 PM–Lunch Program. What Do You Do When You Find Out the Key Piece of Evidence Used to Win at Trial Was Fabricated—ahh Totally Made Up? (LBDS Holding Company, LLC v.ISOL Technology, Inc. 6:11-CV-428) The Story and Ethical Practice Pointers as Told by Those Who Actually Lived It. James Walker, Cole Schotz (Facilitator/Narrator/Panelist); Sanford Warren, WarrenRhoades and Chad Everingham, Akin Gump. (1 Hour Ethics)

2:00 PM-Presentation of the Hannah Award, Charles Bundren, President of E.D. Tex. Bar Association, William Charles Bundren & Associates; Judge Judith Guthrie, Retired, E.D. Tex.; Judge David Folsom, Retired, E.D. Tex. Event Sponsors –Cole Schotz P.C.

2:15 PM– International Issues: In-Bound Focus. What Should Foreign Corporations Expect in East Texas Federal Courts? Kat Li, McKool Smith (Facilitator); Judge John Love, E.D. Tex., Judge Roy Payne, E.D. Tex.; Evelyn Chen, Senior Counsel, Ericsson; Daniel Papst, Papst Licensing, Germany

2:45 PM–International Issues: Out-Bound Focus. What Should U.S. Parties Expect When Effectuating Service, Obtaining Discovery and Collecting Judgments Off Shore? Adam Allgood,Fisch Sigler, LLP (Facilitator/Panelist); Otto Licks, Licks Attorneys, Brazil; Lan Li, AnJie Law Firm, Shanghai, China and Kfir B. Levy, Mayer Brown; Judge Hojin Choi, South Korea.

3:15 PM–Defining and Protecting Corporate Crown Jewels from Civil Litigation to Criminal Prosecution: A Discussion of Trade Secrets Litigation/Prosecution in E.D. Tex. and Beyond. Robert Kantner, Jones Day (Facilitator/Panelist); Judge Robert “Trey” Schroeder, E.D.Tex.; Elizabeth Chiaviello, Morgan Lewis & Bockius LLP; Joe Cleveland, Brackett & Ellis, P.C.;Andrew McCabe, Munck Wilson Mandala, LLP; Brian Nash, Pillsbury Winthrop Shaw Pittman LLP and Brian Resler, Assistant Deputy Chief for Litigation, Computer Crime and IntellectualProperty Section (“CCIPS”), USDOJ.

4:00 PM-Conference Concludes (6.75 Hours of CLE/1 Hour Ethics -Day 3)

Joint Meeting of the Texas’ Linn Inn Alliance (Texas IP Inns of Court) (Separate RegistrationRequired)

5:00 PM-Opening Remarks Including Thoughts on Best Inn Practices for Reaching Young Lawyers.

5:15 PM-Remarks from Judge Richard Linn, CAFC on Professionalism, State of the Alliance and Best Inn Practices. (1 hour of CLE/1 Hour ethics)

6:00 PM-Reception and Dinner.

8:00 PM-Meeting Adjourns

I ran across this photo this morning while looking for something completely different and thought it might be of interest. It was taken at Eastern District of Texas chief clerk Murray Harris’ retirement in 1992 after 18 years on the job, and shows most of the then-EDTX judges with a couple of guests. Shown (l to r) are:

• EDTX Magistrate Judge Robert Faulkner
• EDTX District Judge Joe Fisher
• EDTX Magistrate Judge Wendell Radford
• EDTX Magistrate Judge Earl Hines
• EDTX District Judge Paul Brown
• EDTX District Judge Richard Schell
• EDTX District Judge William Wayne Justice
• 5th Circuit Judge Tom Reavley
• EDTX Chief Clerk Murray Harris
• EDTX Chief District Judge Robert Parker
• EDTX BR Judge Houston Abel
• EDTX District Judge Sam B. Hall, Jr.
• EDTX Magistrate Judge Harry W. McKee
• EDTX District Judge William Steger
• NDTX District Judge Terry Means
• EDTX Magistrate Judge Charles Attaway

Why did the EDTX judges picture include two out of district judges, Judge Tom Reavley and Terry Means? Because they were family. As I learned this morning from Murray’s daughter Ruth Yeager, they were both married to Murray’s sisters, i.e. they were his brothers-in-law.